Organ i urząd w polskim prawie administracyjnym i w Kodeksie Prawa Kanonicznego z 1983 roku

Author(s): Piotr Feczko / Language(s): Polish Issue: 2/2014

The subject of the paper is theoretical analysis of legal institutions: the body and the office in polish administrative law and the 1983 Code of Canon Law. The first part of a text presents doctrine polish, secular administrative law where the office is only an auxiliary unit for the governing body. The second part of the paper describes officium and organum the 1983 Code of Canon Law. In summary author suggests doctrine of administrative law in the Church – considering possibility of assuming the relation ‘body–office’ from achievement of secular law.

Kompetencje Kongregacji Spraw Kanonizacyjnych

Author(s): Krzysztof Białowąs / Language(s): Polish Issue: 2/2014

The article discusses the issue of the competences of the Congregation for the Causes of Saints. The Author begins with the origin of the Congregation. It is emphasized that this dicastery is one of the oldest organ of the Apostolic See. The Pope Sixtus V with the Apostolic Constitution Immensa aeterni Dei of 22 January 1588 created the Sacred Congregation of Rites. Thereafter, Paul VI, divided the Congregation of Rites with the Apostolic Constitution Sacra Rituum Congregatio of 8 May 1969 and created two congregations (sections): one for Divine Worship and another for the Causes of Saints. The Congregation is composed of the cardinal prefect, secretary, under-secretary, promoter of the faith, relators and consultors. The Pope has the principal functions in the dicastery. He creates it, indicates the priorities in the aspect of the current needs of the Church and approves each stage of the proceedings with a proper decrees. The procedure in the Congregation for the Causes of Saints has been indicated in the Apostolic Constitution Divinus perfectionis Magister of 25 January 1983. The beatification process has three stages carrying out in the diocese. Then, the documents of the diocesan process are sent to the Congregation.

Powierzenie urzędu kanclerza kurii diecezjalnej

Author(s): Robert Kaszak / Language(s): Polish Issue: 2/2014

The chancellor of diocesan curia is an obligatory office established by the universal law. The competent authority for provision chancellor office is a diocesan bishop and those who are equivalent in law to a diocesan bishop. Office of the chancellor may be exercised by a lay person. The chancellor must be of unimpaired reputation and above all suspicion. The definitive judgment concerning the suitability of the candidate for the chancellor pertains to the diocesan bishop. He is not obliged to obtain consent or counsel of college or group of persons. Decree of appointment, in accordance with the law notified, is the central moment of provision the office of chancellor of the diocesan curia.

Moderator kurii w Kodeksie Prawa Kanonicznego z 1983 roku i partykularnym prawie polskim

Author(s): Patrycja Kukulska / Language(s): Polish Issue: 2/2014

The legislature in the 1983 Code of Canon Law introduced into the structures of the diocesan curia new ecclesiastical office under the name of moderator of the curia. It has competence in the administrative aspects of the functioning of the diocesan curia. It is the organ that the diocesan bishop may appoint to the principle of coordination of administrative tasks. Moderator of the curia is established according to the discretion of individual bi-shops of the diocese. It is also the office that is directly involved in the exercise of executive power. The Bishop may appoint a moderator of the curia for the Vicar General, or a priest who is not a vicar general, if the circumstances so require. The tasks of the moderator of the curia should care about the most fruitful execution of the tasks assigned to individual employees curia, curia employees convene meetings to present and exchange information and reconciliation of current tasks, ensuring the presence of curial staff, chairing meetings of all employees of the curia, or at least the chairmen of the papers, delegate notaries.

Małżeństwo muzułmanina z chrześcijanką. Perspektywa prawa islamu

Author(s): Marta Mucha / Language(s): Polish Issue: 2/2014

This Article presents the Islamic doctrine about marriage. Presenting it as flowing from the nature of Islamic law. The Author presents the objectives and effects of the union of a man and a woman, paying attention to the difficulties appearing in mixed marriages. The context for the presentation of norms for the marriages with Christians is the Catholic understanding of union of a man and woman. Filling the law, understood as submission to the will of God (Arabic word Islam means just submission/surrender) is to lead the human and the community to achieve temporal and eternal happiness. The doctrine of Islam strictly defines the duties of man, taking heed to his moral weakness. In marriage law, where possibility of easy dismissal wifes, or breach of contract contrasts with the austerity principles regarding religious upbringing of children, it is especially visible.

Podatek kościelny od osób prawnych w kantonie Zurych

Author(s): Artur Cząstkiewicz / Language(s): Polish Issue: 2/2014

This article presents the issue of church tax on legal entities in the canton of Zurich. The aforesaid tax is paid in the most cantons of the Swiss Confederation. In mid-March 2012 the Freethinkers party of the canton of Zurich submitted to the Canton Council an legal initiative aimed at releasing legal entities from the tax burden paid in favour of canton churches that have been officially registered. The dispute concerning the justification of paying church tax by legal entities shows the role and immense input of churches (including the catholic church) in the life of the Zurich society. Paying church tax by legal entities of the canton of Zurich is undoubtedly an interesting example in a discussion on church financing in the multiconfessional and highly industrialized society.

Skuteczność zawarcia umowy pożyczki przez koś-cielną osobę prawną bez zezwolenia biskupa

Author(s): Stanisław Dubiel / Language(s): Polish Issue: 2/2014

The parish, under the art. 52 of the relationship between the State and the Catholic Church in Poland Act as art. 23 of the Concordat of 1993 is an entity in the course of civil law. There is a close connection between canon law and civil law regarding entering into a loan agreement. The basis to appeal is by legislature and the cannon case law in article 63 § 1-2 of the Civil Code. The lack of the bishop’s consent upholds a sanction of suspended ineffectiveness. It is therefore defective and can only become fully effective upon confirmation. There should be statutes in each diocese to determine which acts are beyond the limits and the manner of ordinary administration. If there is no provision within the statutes regarding this point, the decision remains with the diocesan bishop who following consultation with the financial committee, determines these acts for the persons subject to him. It would also seem legitimate to stipulate the creation of inventory of measures to form Acts to control extraordinary management, to which loan agreements can be added.A parish priest entering into a loan agreement is also obliged take into account particular law as well as the common law vested right. If the loan amount exceeds the limits and manner of ordinary administration the parish priest should initially consult the parish finance council and obtain authorisation from the diocesan bishop, prior to taking measures of the act.The responsibility for the lack of an appropriate authority in the first place belongs to the parish priest and not to the employees of the bank, who do not need to know the canon law. Hence there is a demand for diligent educating of clergy in the Church of patrimonial law in the seminaries and provision of relevant education courses on the management of parish property. In addition, if the parish priest causes harm to a person, as a result of failure to comply with the loan agreement; he is obliged to repair the damage. The parish does not take responsibility for actions taken by the administrator, unless it has gained benefits.

Legitymacja kościołów i związków wyznaniowych w postępowaniu przed Trybunałem Konstytucyjnym

Author(s): Michał Podsiadło / Language(s): Polish Issue: 2/2014

The subject of this paper is analysis of the powers granted to churches and religious organizations in the proceedings before the Constitutional Court. According to the author, this competence is a manifestation of the principle of cooperation of the state and churches and other religious organisations for the common good. Analysed entities are reluctant to use the abovementioned power, so the author reminds the permissible scope of religious organizations applications as well as presents the proceedings before the Constitutional Court, pointing to the specific requirements in this regard for churches and religious organizations.

Zenon Grocholewski, Uniwersytety wobec współczesnych wyzwań, red. Stanisław Urbański, Warszawa: Wyższa Szkoła im. Bogdana Jańskiego 2013

Author(s): Mirosław Sitarz / Language(s): Polish Issue: 2/2014

Przynależność do Kościoła a uczestnictwo wiernych w życiu publicznym, red. Józef Krukowski, Mirosław Sitarz, Bartłomiej Pieron, Lublin: Towarzystwo Naukowe KUL 2014

Author(s): Patrycja Kukulska / Language(s): Polish Issue: 2/2014

Zakres wykonywania władzy wykonawczej (kan. 136 KPK)

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 31/2012

W przedstawionym opracowaniu przedmiotem zainteresowania Autora stała się wykładnia kan. 136 KPK. Z przeprowadzonych analiz wynika, iż w porządku prawnym Kościoła pierwotną relacją pomiędzy sprawującym władzę a wiernym jest relacja personalna. Ta pryncypialna współzależność wynika z przesłanek teologicznych wiążących się z przyjęciem zarówno sakramentu chrztu, jak i sakramentu święceń. W myśl rozwiązań systemowych, zarówno władzę terytorialną, jak i władzę personalną autorytety kościelne mogą sprawować względem swoich poddanych, gdziekolwiek się oni znajdują. Ponadto Autor wykazał, iż w kan. 136 KPK ustawodawca zawarł jeszcze jedną hipotezę dotyczącą możliwości sprawowania władzy względem podróżnych. W tym przypadku przewagę nad więzią personalną uzyskuje zasada terytorialna, uwydatniona poprzez decyzję ustawodawcy.

Biskup soudcem ve své diecézi

Author(s): Antonín Ignác Hrdina / Language(s): Czech Issue: 64/2016

Since the earliest times of the Church, the superior of the Church community – the diocesanbishop – was considered to be the bearer of all jurisdictional power: legislative, executive, and judicial. This notion refl ected the principle of the concentration of power, which is characteristicfor the hierarchical (therefore non-democratic) organization of the Church. Later, a bishop had more tasks (spiritual and secular), particularly following the Edict of Milan, andthe bishop had to delegate with increasing frequency the exercise of the administrative andjudicial power to his deputies (a vicar general, a judicial vicar, etc.); the legislative powerwas considered to be the only non-delegable prerogative of the bishop, who had – and stillhas – to exercise the power personally. This was the case until only recently, when the currentPope, Pope Francis, “drew” bishops back into judicial decision-making (at least in mattersof a nullity of a marriage and at least for so-called abbreviated proceedings).Since the earliest times of the Church, the superior of the Church community – the diocesan bishop – was considered to be the bearer of all jurisdictional power: legislative, executive, and judicial. This notion reflected the principle of the concentration of power, which is characteristic for the hierarchical (therefore non-democratic) organization of the Church. Later, a bishop had more tasks (spiritual and secular), particularly following the Edict of Milan, and the bishop had to delegate with increasing frequency the exercise of the administrative and judicial power to his deputies (a vicar general, a judicial vicar, etc.); the legislative power was considered to be the only non-delegable prerogative of the bishop, who had – and still has – to exercise the power personally. This was the case until only recently, when the current Pope, Pope Francis, “drew” bishops back into judicial decision-making (at least in matters of a nullity of a marriage and at least for so-called abbreviated proceedings).

Historicko-právní vývoj albánské katolické církve

Author(s): Miloš Szabo / Language(s): Czech Issue: 64/2016

All Eastern Catholic churches sui iuris express the diversity of the universal Catholic Church, which unites all these particular church communities. The Albanian Church holds a special position among the existing 23 Eastern Catholic Churches. Christianity spread into the territory of what is now Albania in two streams – Latin (Western) and Greek (Eastern); however, the Islamic oppression, first, and later the difficult cohabitation with Orthodox followers resulted in the local Eastern Catholic Church never having developed into a state in which at least one eparchy could be established. It is interesting that the Albanian Church sui iuris is at present one of the few churches that exist more in spe than in esse – it has been assumed that among the Catholics of the Latin rite are descendants of Catholics of the Byzantine rite who will claim their Eastern roots.

Reforma Benedikta XVI. v oblasti svátosti svěcení a manželského práva

Author(s): Damián Němec / Language(s): Czech Issue: 64/2016

The article deals with amendments to the Code of Canon Law of 1983 regarding the sacrament of orders and of marriage, introduced by Motu Proprio of Pope Benedict XVI Omnium in mentem on 26th October 2009 and effective from 9th April 2010. It serves not only to describe the changes themselves CIC/1983 but also their context. In the case of the sacrament of orders it is going on refinement position of (especially permanent) deacons, which is related to the almost unknown change of No. 1581 of the Catechism of the Catholic Church approved on 9th October 1998 by Pope John Paul II. In comparison with the Eastern tradition, especially in light of the Code of Canons of the Eastern Churches of 1990, are then submitted for consideration possible modifications of the Western liturgical tradition regarding the position and services of deacons, and it clearly towards the Eastern practice. In the case of the sacrament of marriage is a deletion of wording actu formali ab ea defecerit in three canons of CIC/1983 providing for the extent of the impediment of different religion, the extent of the obligation of the canonical form of marriage for its validity and the extent of the prohibition of mixed marriages.

Apoštolská konstituce Inter regiones

Author(s): / Language(s): Czech Issue: 64/2016

Apoštolská konstituce Solet Apostolica Sedes

Author(s): / Language(s): Czech Issue: 64/2016

Veronika Čunderlík Čerbová: Prirodzenoprávna teória v práve Katolíckej cirkvi

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 64/2016

Ze Společnosti pro církevní právo

Author(s): Jiří Rajmund Tretera / Language(s): Czech Issue: 64/2016

From the Church Law Society

Author(s): Jiří Rajmund Tretera / Language(s): English Issue: 64/2016

Z nové literatury

Author(s): / Language(s): Czech Issue: 64/2016