Laity and Associations of the Faithful

Question 1

Public Associations of the Faithful

Answer 1

Act in the name of the Church and have juridic personality by virtue of the law itself. [can. 313] Its goods are ecclesiastical goods.

Question 2

Private Associations of the Faithful

Answer 2

Do not act in the name of the Church. Some may have juridic personality if this is expressly granted. [can. 321-322]

Question 3

Agnitio

Answer 3

Recognition. The process of examining the statutes to see if they are in accordance with universal law and if they pursue an ecclesiastical end.

Question 4

Probatio

Answer 4

Approval. Formal approval of the statutes by the competent authority which gives them stability and gives them the ability to have status as a juridical person (this still must be requested for a private association). After probatio, the statutes can only be modified through consultation with the appropriate authority.

Question 5

Erection

Answer 5

Formal act by the competent authority which establishes as association as a public association of the faithful.

Question 6

Recommendation

Answer 6

Stage in which an association of the faithful is praised and recommended to the faithful for participation. It does not change the juridical status of the association to receive recommendation.

Question 7

Who can erect an Association of the Faithful?

Answer 7

Can 312

Question 8

Who can join an Association of the Faithful?

Answer 8

Per can 316, it is inferred that any baptized Catholic can join provided that they have not publicly rejected the Catholic Faith or defected from ecclesiastical communion. They also cannot have an imposed or declared excommunication.

Question 9

Particular to a Public Association of the Faithful…

Answer 9

Per Can 317, they must have a moderator and a chaplain. Private associations do not need to have a chaplain.

Question 10

How is a Public Association of the Faithful suppressed?

Answer 10

Cf. cann. 320 and 120. An association erected by the Holy See can only be suppressed by the Holy See. If erected by Bishops Conference, can be suppressed by the Conference for grave reasons. The diocesan bishop can suppress any he erected. It is NOT to be suppressed by the competent authority unless the moderator and senior officials have been consulted. [Also, automatic suppression ipso iure if no activity for 100 years]

Question 11

Standard Steps for Formation of a Private Association

Answer 11

(1) Natural Birth. The community gathers around a common desire to pursue some chosen good. Become a De Facto Association.
(2) Formulation of Statutes.
() This group can, but not always will, at any stage receive Recommendation by the proper authorities.
(3) Agnitio [Recognition] of Statutes
(4) Canonical Birth. Can be an approved Private Association of the Faithful.
(5) Probatio [Approval] of Statutes by competent authority.
(6)This group can now receive juridical personality if requested by special decree.

Question 12

Effects of Baptism

Answer 12

(1) Become a (physical) juridic person (2) enter into the People of God

Question 13

Catechumens

Answer 13

Those who ask to be joined to the Church. They are not true juridic persons in the Church, but they have prerogatives [not rights] which are granted to them, such as the ability to receive blessings and Christian burial.

Question 14

Can 207 vs Can 208

Answer 14

Shows one tension inherent within the Church, that of difference and equality seen within the different charisms which at the same time share equality regarding dignity and action.

Question 15

3 defining characteristics of communion

Answer 15

(1) Profession of Faith (opposed by apostasy and heresy) (2) Sacraments (opposed by heresy or sacrilege) (3) Ecclesiastical Governance (opposed by schism) NB: This corresponds to the threefold munera of teaching, sanctifying, and governing.

Question 16

Can 208-239 and Can 223

Answer 16

There is an inherent tension found in the need to balance ones own rights out against the rights of others, respecting the common good of the Church, the rights of others, and their own duties to others.

Question 17

Can 219

Answer 17

All christifidelis have a right to freely choose their state in life.

Question 18

Purposes of Associations of the Faithful (per can. 298 para 1)

Answer 18

(1) Foster a more perfect life (2) Promote public worship (3) Promote Christian Teaching (4) Works of the Apostolate (5) Animation of the temporal order with the Christian spirit

Question 19

Purposes of Associations of the Faithful (per can 215)

Answer 19

(1) Charitable ends (2) Pious Purposes (3) foster the Christian vocation in the world

Question 20

Can. 218 vs Can 750

Answer 20

There is freedom for theological exploration but it must stay within the accepted doctrine of the Church

Question 21

Why must the faithful contribute economically to the Church?

Answer 21

Can. 222 (cf. 1254 and 1261). The Christian faithful are obbliged to assist with providing what the Church needs for (1) Divine Worship (2) Works of the apostolate and charity (3) decent support of ministers

Question 22

Can 222 vs Can 212

Answer 22

The faithful must contribute to the economic needs of the Church but they have a right to receive from the spiritual fruits of the Church and to have their voices heard

Question 23

How is a Private Association of the Faithful suppressed?

Answer 23

Cf. cann. 326 and 120. (1) Extinguished according to the norms of their statutes (2) Suppressed by competent authority if its activity gives rise to grave harm to ecclesiastical teaching or discipline, or is a scandal to the faithful. [Also, automatic suppression ipso iure if no activity for 100 years]

Question 24

Can 220

Answer 24

Right to a good reputation and privacy. Obviously, this has limits because a sentence legitimately impugns the good reputation of a person. They have recourse against denunciations of their good reputation through exercise of their legal rights given in can 221.

Question 25

What can legitimately impugn the good reputation of someone?

Answer 25

Sentence, preliminary investigation, a valid denunciation, etc…

Question 26

Can 221 vs Can 1399

Answer 26

Can 221 says that you can only be punished according to the law for an offense listed in the law. Can 1399 allows for punishment of offenses not preseen in the law for grave cause. Canonical equity must be exercised for this.

Question 27

What typifies the ecclesiological shift from Vatican I to Vatican II?

Answer 27

A shift from an ecclesiology based on potestas to an ecclesiology based on baptism and communio.

Question 28

Christifidelis

Answer 28

Those incorporated into Christ through baptism and constituted the People of God. They participate in the priestly, prophetic, and kingly office of Christ and are each called, according to their particular condition, to exercise their mission in the world.

Question 29

What is the proper role of the laity?

Answer 29

Cf. Can 225 para 2. They are bound by a particular duty to imbue and perfect the order of temporal affairs with the spirit of the Gospel.

Question 30

Catholic Ecumenical Association

Answer 30

Can have non-Catholic members, but they cannot be full members in the proper sense of the term. The non-Catholic members can only make consultative votes and can only take private vows.

Question 31

How is a moderator for a public association nominated?

Answer 31

Unless the statutes say otherwise, the competent authority (1) confirms the election (2) appoints on presentation (3) freely appoints. Thus, it is always important to look at the statutes!

Question 32

How is a moderator for a private association nominated?

Answer 32

Freely designated for itself according to its statutes. (cf. can 324)

Question 33

How is a chaplain for a public association nominated?

Answer 33

Appointed by the competent authority after consultation with the senior officials of the association

Question 34

How is a chaplain for a private association nominated?

Answer 34

Freely chosen from priests who lawfully minister in the diocese, but the priest requires the confirmation of the local ordinary.

Question 35

How is a moderator for a public association removed?

Answer 35

For a just cause by the authority who made the appointment or confirmation after consulting the moderator himself and the senior officials of the association.

Question 36

How is a chaplain for a public association removed?

Answer 36

Removed by the person who appointed him in accordance with the canons for removal [cann. 192-195].

Question 37

What is a Commissioner?

Answer 37

Can 318 para 1. In special circumstances, the competent authority can for grave reasons appoint a commissioner to direct the public association in his name for the time being.

Question 38

What happens to the goods of an extinguished public association?

Answer 38

For a public association, it is governed by can 123. Statutes must be followed. If the statutes say nothing, then the goods and patrimonial rights go to the next higher juridical person with due regard for the wishes of the founders and benefactors and for acquired rights.

Question 39

What happens to the goods of an extinguished private association?

Answer 39

For a private association, it is governed by canons 123 and 326 para 2. The fate of the goods are to be determined in accordance with the statutes, without prejudice to acquired rights and to the wishes of donors.

Question 40

Some examples of rights held by Christians

Answer 40

Right to defense, right to fair trial, right to the sacraments, right to christian burial, right to Christian education, etc…

Question 41

Standard Steps for Formation of a Public Association

Answer 41

There are two paths here: (a) Public Association formed directly by competent ecclesiastical authority (b) Private Association becoming a public association

(a)
(1) Group gathered by ecclesiastical authority.
(2) Formulation of Statutes.
(3) Probatio [Approval] of Statutes
[or there could be a Recognition of Statutes followed by a time of status ad experientum to see if anything needs to be modified before official approval].
(4) Erection. Comes simultaneously with the Probatio and carries public juridical personality.
(*) This group can receive Recommendation by the proper authorities at any stage.

(b)

(1) Private Association of the Faithful formed as normal.
(2) Request made to become public association of the faithful. Statutes must be modified to reflect the new status and the new relationship with the ecclesiastical authorities [affects moderators, chaplains, etc..]
(3) Probatio of Statutes
(4) Erection as Public Association with juridical personality

Question 42

Church

Answer 42

The visible reality by which people are constituted the People of God

Question 43

Non-Christians

Answer 43

Still have rights within Canon law. For example, within procedural law.

Question 44

De Facto Associations

Answer 44

A gathering of Christifidelis that does not have official recognition to be a Association of the Faithful. Thus, they cannot use the Catholic name.

Question 45

Baptized Non-Catholics

Answer 45

Are not within the full bonds of communion with the Church. Thus, they are only bound by divine law, not ecclesiastical law. Have some rights as is seen in can 844 where they can receive Catholic sacraments and/or sacramentals in certain situations.

Question 46

Laity

Answer 46

Members of the Christian faithful who work to build the temple of God especially in the temporal order, participating in the normal and circumstance of mankind, testifying in the world itself to the sanctifying power of grace.

Question 47

Why is marriage a typical lay vocation?

Answer 47

Marriage is part of the temporal order of the Church, working in the world, serving as a sign by secularity. Most of society is structured around family, and it is the foundation for human society. Negatively, marriage is not part of the religious or clerical vocation because they have a vow of celibacy.

Question 48

Can 209

Answer 48

There is a fundamental right and duty for all Christifidelis to maintain communion with the Church. On this hangs salvation.

Question 49

What is the interplay between duties and rights?

Answer 49

Every right implies a duty and every duty implies rights. Rights create ancillary rights and duties create ancillary duties.

Question 50

Duty

Answer 50

Obligations created by the rights of myself or others to give or preserve goods needed for the fulfillment of ones purpose.

Question 51

Right

Answer 51

Right to preserve something which I already have which I need for my purpose and the right to receive something which I need from others to fulfill my purpose.

Question 52

Open questions remaining with Ecclesial Movements…

Answer 52

(1) Ecclesial Recognition (2) Mixed Institutes (3) Criterion of Discernment and Ecclesiality (4) Nature and Effect of Bonds (5) Juridic Effects (6) Non-Catholic Members (7) Formation and Incardination of Priests (8) Participation of Consecrated (9) Married Members