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Title : Norms on Eparchies and Bishops

Author : Marco Brogi, OFMi

Introduction

Marco Brogi introduces his essay by giving a theological background of the canons he is
dealing with in the essay, which is found in Vatican II documents Lumen Gentiunm chapter
three: the Hierarchichal constitution of the Church, and in Christus Dominus. The theological
principles and norms have been adapted to the Catholic Eastern Churches in the Codex
Canonum Ecclesiarum Orientalium (CCEO). This essay deals with the Title VII of CCEO:
Eparchies and Bishops (cann. 177 – 310). The Article is divided into seven sections titled (1)
Eparchy and the Bishop; (2) Coadjutor and auxiliary Bishops; (3) Promotion to the
Episcopacy and resignation of a Bishop of his office, (4) the Three Offices of the Pastoral
ministry of the Eparchial Bishop, (5) Other Structures and Persons who Help the Eparchial
Bishop, (6) The Parish and the Pastor, and (7) Rectors and Churches.

1. Eparchy and the Bishop

In the first part, Eparchy and the Bishops, basing himself on CD 11 and can. 177/CCEO,
Marco describes the eparchy in relation to the Bishop and to the universal Church, and of
the relationship of the bishop with the Roman Pontiff. The Eparchy is constituted by a
portion of the Christian faithful entrusted to the pastoral care of the bishop assisted by his
presbyterate. Marco says that the adherence of the faithful to their bishop is necessary to
constitute the eparchy as a communion, a church. The bishop gathers his faithful, not by
the authority of the Roman Pontiff who nominated him, nor by his own authority or
prestige, but “in the name of Christ, with the Gospel and the Eucharist, and the faithful
called together by him become bound in the Holy Spirit.” As such, the Eparchy is a
particular church, the one, holy, catholic and apostolic Church of Christ. The eparchial
bishop “is in hierarchical communion with the Roman Pontiff, recognises his authority
and depends on him in the exercise of his pastoral ministry.” However, the bishop
governs the eparchy not as a representative and delicate of the Pope but as the vicar and
emissary of Christ, with full authority.

2. Coadjutor and Auxiliary Bishops

Speaking of the coadjutor and the auxiliary bishops, Marco mentions that not all bishops
govern a proper eparchy in name. some govern a certain part of the eparchy or fulfil
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certain duties within the eparchy not in their own name but of another, such as the
eparchial bishop, the Patriarch or Roman Pontiff. such bishops are given titles of an
ancient and non-existent eparchy and are called titular bishops (can. 179). Some titular
bishops are called exarchs, who take pastoral care of a portion of the people of God in the
name of the Roman Pontiff, Patriarch, or Major Archbishop. Other titular bishops are
auxiliary bishops; they exercise pastoral office in the eparchy dependant on the eparchial
bishop. Others are called Coadjutor bishops; these are auxiliary bishops appointed with
the right of succession. They may receive a charge to carry out certain functions proper to
the eparchial bishop, who is then relieved of them. Other titular bishops are given special
functions on the level of the universal Church; these include Papal Legates, major prelates
of Roman Curia, bishops of Patriarchal and Major Archiepiscopal Curia.

3. Promotion to the Episcopacy and Resignation of a Bishop of his Proper Office

Masco mentions that the promotion of bishops is considered an act of utmost importance
as shown in the present legislation. While episcopacy is a sacrament and can never be
relinquished, the sick and elderly bishops can renounce their duties by resignation.

3.1. The Nomination of a Bishop

In this section, Marco discusses the norms of nomination and appointment of bishops
as found in cann. 180-189. He says that that nomination of the bishop is not
necessarily reserved to the Roman Pontiff; but according to LG 24 can be made
through legitimate customs that have not been revoked by the supreme and universal
authority of the Church, by laws made or acknowledged by the same authority, or
directly by the Roman Pontiff. however, the bishop should always be in hierarchical
communion with the Roman Pontiff; otherwise he will not be admitted to episcopal
office if not in communion with the Roman pontiff, even if he is validly ordained.

In Patriarchates and in Major Archiepiscopates, the eparchial and titular bishops are
elected by the Synod of Bishops of one’s own Church; the Pope retains the right to
nominate. The nominated bishop must assent to election as required by the Roman
Pontiff according to the law, either before or after the election. The elected is not to
be informed of his election before the Patriarch or Major Archbishop has received the
assent of the Roman Pontiff. Marco mentions that other bishops are nominated
directly by the Pope but does not say which ones.
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This practice is different from that in the Western Church, where the nomination and
the election is done by the Roman Pontiff through the nuntiature and the
congregations for Bishops and the Propagation of Faith.

3.2. The Resignation of a Bishop

Referring to Christus Dominus 21 and Ecclesiae Sanctae (I, 11), Marco mentions
that the eparchial bishop, the coadjutor and the auxiliary bishops are required to offer
their resignations at the completion of 75th year, or if impeded from adequately
fulfilling their ministry due to ill health (cann. 210; 211; 218). However, Marco does
not mention who should accept the resignation of the bishops, even though this is
prescribed in the resignation norms (cann. 210 §§2, 3).

4. The Three Offices of the Pastoral Ministry of the Eparchial Bishop

In this section, Marco deals with the three-fold offices of bishops, namely, teaching,
sanctifying and governing offices as treated in Lumenn Gentium and Christus Dominus,
and how CCEO applied these in legislation.

4.1. The Office of Teaching

The CCEO provides that the eparchial bishop is the teacher of faith in his eparchy
(can. 196). As such, he is “bound to propose and illustrate to the faithful the truths of
the faith which are to be believed and applied in customs.” He is to accomplish this
through frequent preaching and taking charge of the preaching in his eparchy.

4.2. The Office of Sanctifying

Marco, referring to LG 39-42, writes that the whole Church is called to sanctity, and
that the bishop is the steward of the grace of the supreme priesthood, above all in the
Eucharist which he offers and ensures that it is offered. The eparchial bishop is
reminded of his obligation an example of sanctity with charity, humility and
simplicity, and to take care of the faithful’s growth into grace through celebration of
the sacraments, especially the Eucharist. Without mentioning the actual
responsibilities, Marco mentions the obligations of the eparchial bishop towards the
liturgical life of the eparchy.
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4.3. The Office of Governing

In the governing function the eparchial bishop has the duty to promote and defend
the communion of his hierarchy with his sui iuris Church and with the universal
Church through discipline by ensuring the observance of the laws and combating
abuses. He achieves this by imposing penalties on the offenders. He has the faculty to
dispense his faithful from the observance of some laws and impediments for their
spiritual good.
The governing function is divided into legislative, executive, and judicial powers.

4.3.1. Legislative Power

Marco mentions that the eparchial bishop is the sole legislator in his eparchy.
However, he exercises this function with the help of eparchial convocation
which will study the most relevant eparchial problems.

4.3.2. Judicial power

Through judicial power, the eparchial bishop administers justice for his faithful
in resolving disputes as the first administrator of justice. He exercises this
function personally or through judicial vicars and judges.

4.3.3. Executive Power

Marco mentions also that the eparchial bishop exercices the executive power
with the help of the eparchial curia which consists of all structures and persons
assisting the eparchial bishop to govern the eparchy and acts in his name in
arccordance with the law. These structures and persons include the
Protosyncellus, the Syncelli, eparchial Steward, the Judicial Vicar, the Council
for Economic Affairs, and other officials s of eparchial curia such as chancellors
and eparchial judge.

other structures and persons assisting the eparchial bishop in the exercise of his
executive functions are the Protosyncellus and the Syncelli, the Chancellors, the
Eparchial Steward and the Council for Economic Affairs.

5. Other Structures and Persons who Help the Eparchial Bishop

5.1. The Presbyteral Council and the College of Eparchial Consultors
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Marco mentions that the institution of the Presbyteral Council in the universal
Church came with Pope Paul VI’s motu proprio Ecclesiae Sanctae for the execution
of the conciliar documents. The norms on presbyteral council are contained in cann.
264-270. The council consists of priests elected from the eparchial presbyterate and
the curia ex officio; it represents the eparchial presbyterate and is presided over by
the bishop.

Marco does not tell how this council operates in the eparchy. The council is an
equivalent of the Presbyteral Council contained in cann. 495-501 CIC/1983.
However, the council is a consultative organ of administration in the eparchy and
has, on some cases determined by law, a deliberate vote. It ceases to be sede vacante.

Marco mentions that from among the Presbyteral Council, the eparchial bishop must
choose some priests and constitute the college of eparchial consultors who are also a
consultative administrative organ with a deliberate vote in cases explicitly
determined by law. The college does not cease sede vacante it immediately takes
charge of the eparchy when the see is vacant. The norms on the college of eparchial
consultors correspond with the norms on the College of Consultors of the CIC/1983
(can. 502).

5.2. The Pastoral Council

Marco also discusses the norms on Pastoral Council. The council is a consultative
body with only consultative vote; it was strongly recommended by Vatican II. Its
institution depends on the free judgement of the eparchial bishop, and is composed of
the clergy, religious, and especially the laity. It is convoked and presided over by the
eparchial bishop; it ceases sede vacante. Its main task is to study problems connected
with pastoral activities and to propose solutions. Norms on this are in cann. 272-275.

The norms on eparchial Pastoral Council correspond with norms on the diocesan
Pastoral Council contained in cann. 511-514 of CIC/1983.

6. The Parish and the Pastor

In this section Marco speaks of the Parish and the Pastor and their relationship with the
eparchy and the eparchial bishop. He mentions that the faithful generally do not have a
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frequent direct relations with the eparchial bishop but with the parish pastor who is bound
to know them. He writes that the parish is describes similar terms with the eparchy as a
“community of faithful within the eparchy, determined in a stable way and given to the
care of a pastor” who is a priest, exercising his office as a principal collaborator with the
eparchial bishop and in his name.

Marco describes the pastor as the priest who is given the care of a parochial community
by the eparchial bishop. Both the pastor and the eparchial bishop have a pastoral care of a
community of the faithful; the bishop acts in his own name as the vicar of Christ and the
pastor acts in the name of the bishop as his collaborator and subject. the pastor is freely
appointed by the eparchial bishop and exercises in the parish the functions of teaching,
sanctifying and governing. He also enjoys stability with his appointment having no
expiration, though with exceptions.

Conclusion

In conclusion, one is bound to give appraisal to Marco Brogi for the well-structured and
written article. His essay is based on 133 canons on eparchies and bishops. He highlighted the
most important elements in this section of the Code and gave a brief overview of their
contents, without giving detailed analysis. For each element he gives a background in the
light of the conciliar documents of Vatican II, particularly Lumen Gentium and Christus
Dominus, and other papal documents such as Ecclesiae Sanctae. One would have expected
Marco to include in his essay relevant norms of CIC/1983, however, he did not mention or
make use of the 1983 Code. In some structures he did not provide some important detail as
one would have expected.
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M. BROGI, Norms on Eparchies and Bishops, in The Code of Canons of the Eastern Churches. A Study and
Interpretation, J. Chiramel & K. Bharanikulangara (editors), St. Thomas Academy for Research, Alwaye 1992, pp. 108-
120.