Guidelines for Receiving Pastoral Ministers in the USA
should be established at the chancery of the receiv ing Church. This file should include the following: • A document clearly stating the ecclesial need of the receiving diocesan or eparchial bishop and the qualifications of a potential international candidate required to meet the need. • A letter from the sending diocesan or eparchial bishop or major superior stating the suitability, probity of life, and competence of the potential candidate. The diocesan or eparchial bishop or major superior should state honestly and accu rately the specific qualifications of the candidate. These qualifications include his language skills and understanding of the “institutions, social conditions, usages, and customs” of the receiving Church (CIC c. 257 §2). The sending diocesan or eparchial bishop or major superior should also write his opinion of the moral, intellectual, physi cal, and psychological attributes of the candidate, clearly identifying any limitations in these areas (e.g., medical issues). Sample Letters of Suitability may be found in the “Further Resources” section at the end of the Guidelines . • A document attesting to the cleric’s ordination and incardination in the particular sending dio cese, eparchy, institute, or society. • If the cleric previously served in another diocese or eparchy, the receiving diocesan or eparchial bishop should obtain from the diocesan or eparchial bishop of that place a letter identifying the cleric’s assign ments and to whom he was responsible. The same bishop should also attest in writing to the cleric’s cooperation, collaboration, and competence during his time of ministry in that diocese or eparchy. • A letter from the receiving diocesan or eparchial bishop communicating to the sending diocesan or eparchial bishop or major superior the formal acceptance of the candidate according to the provisions of a written agreement. Written Agreement on the Terms of Service The canons, supported by experience, call for a written agreement between the proper ecclesiastical authorities in which the details of the cleric’s service are spelled out (CIC cc. 271 §1, 681 §2; CCEO cc. 360 §1, 362 §1). A written agreement should include the following: • An introductory statement that specifies the eccle sial need, the name of the cleric to meet the need,
and the general purpose of the written agreement. • A determination of the initial duration of the agreement and the possibility (or impossibility) of a renewal of the agreement. A probation ary period can serve both the cleric and the receiving Church. For example, the cleric can be received for an initial period of six months. After a satisfactory review, the agreement can be renewed for another six-month period. If every thing continues to be satisfactory, the agreement can be renewed for longer periods (e.g., one to three year increments) with periodic reviews. An agreement with fixed terms of duration allows for an easier termination of service if the envisioned goals are not met. Such an agreement also emphasizes the temporary character of this service away from one’s own diocese or eparchy or when away from the obligations of common life and apostolate in an institute or society. If a cleric serves in the diocese or eparchy for five years or longer, the norms governing incardina tion/ascription should be carefully considered and observed (cf. CIC cc. 268 §1, 693; CCEO cc. 360 §2, 494, §2, 549 §3; and the following section on “Incardination/Ascription,” below). • The agreement ought to express an understand ing of whether the international cleric will receive a formal assignment from the receiving diocesan or eparchial bishop or will simply be granted faculties to serve in the diocese or epar chy. It should also address the question of the cleric’s residence and remuneration, other mat ters pertaining to his canonical rights and obli gations as a member of the clergy (e.g., CIC cc. 276, 279, 283 §2; CCEO cc. 369, 372, 392), and provide for an annual evaluation. • Questions may arise concerning the interna tional minister’s financial obligations to the sending diocese, eparchy, institute, or society. These should be addressed by the sending dioce san or eparchial bishop or major superior and the receiving diocesan or eparchial bishop when the agreement is made. Norms for the vow of poverty in accord with the proper law of an institute or society, as well as the relevant civil and canon law requirements, should always be observed (e.g. the immigration status of the candidate, tax exemption requirements, fund-raising restric tions, etc.). Whatever the arrangements, they should be clearly stated in the agreement. • Health care for the international cleric serving in the receiving diocese or eparchy is appropriately
Canon Law Considerations | B-3
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