B-6 | Canon Law Considerations
of pastoral formation, the seminarian should learn
the principles and skills of the priesthood that are
adapted according to the conditions of the diocese,
eparchy, institute, or society for which he is studying
(cf. CIC c. 255; CCEO c. 352 §1). Seminaries with
a significant number of seminarians born outside the
United States should ensure that their programs of
human, intellectual, spiritual, and pastoral forma-
tion adequately prepare international seminarians
for service in the United States.
Additional Considerations
for Members of Institutes of
Consecrated Life and Societies
of Apostolic Life
Institutes of consecrated life and societies of apos-
tolic life enjoy a rightful autonomy of life, especially
regarding their internal governance that serves to
regulate their common life and direct their apostolic
service for the good of the Church (CIC
c. 586).
Diocesan and eparchial bishops and major supe-
riors must work in mutual consultation regarding
the service that members render to the dioceses or
eparchies. Oftentimes the services of those in con-
secrated life are coordinated through a diocesan
or eparchial vicar for consecrated life. In their ser-
vice to the diocese or eparchy, moreover, members
of institutes and societies remain obedient to their
superiors in all that pertains to the discipline of the
institute or society; likewise, they are subject to the
diocesan or eparchial bishop in all that pertains to
care of souls, apostolic works, and divine worship
(CIC
cc.
678, 681 §1; CCEO
cc.
415 §1, 554 §2).
The following canonical regulations are to be
observed when a major superior presents an individ-
ual member of an institute or society or a community
of the same to a diocesan or eparchial bishop for ser-
vice in the diocese or eparchy. The same regulations
are to be observed by a diocesan or eparchial bishop
requesting the services of an individual member or a
community of members.
Individual Member
When a major superior of an institute or society pres-
ents an individual member to a diocesan or eparchial
bishop for service in a particular Church, or when a
diocesan or eparchial bishop requests the member,
the rights and obligations of both the diocese or epar-
chy and the institute or society must be respected. In
the case of an individual member of an institute or
society receiving an assignment in a diocese or epar-
chy, the major superior presents a written statement
of the health, suitability, and probity of life of the
member, as well as his or her competence to carry
out the ministry or apostolic works to be performed.
A written agreement is to be drawn up between the
diocesan or eparchial bishop and the major superior
regarding, among other things, the work to be done,
the qualifications of the member devoted to it, the
term of service, remuneration and benefits, and ter-
mination of the agreement for just cause (cf. CIC c.
681; CCEO
cc.
282 §2, 543).
If it is a question of appointing a member of an
institute or society to an ecclesiastical office, the
diocesan or eparchial bishop appoints the cleric or
non-ordained member after the major superior pres-
ents the member or at least assents to the appoint-
ment (CIC c. 682 §1; CCEO
cc.
284 §2, 303, 431
§1, 1391 §2). Having informed the other authority,
either the major superior or the appointing diocesan
or eparchial bishop can remove the member of an
institute or society (CIC
c.
682 §2; CCEO
cc. 284
§2, 303, 431 §1, 1391 §2).
A House or Community of an
Institute or Society
If a house of a religious institute or society of apos-
tolic life is to be established in a diocese or eparchy,
everything necessary to carry out properly the spirit
and purpose of the institute or society must be pro-
vided (CIC c. 610). For the canonical erection of a
house, there must be at least three members of the
religious institute or society of apostolic life (CIC c.
115 §2; CCEO
c.
923). Prior to entering a written
agreement, the diocesan or eparchial bishop must
consider the advantages to the particular Church.
The major superior needs to evaluate the necessary
measures for the members to carry out their life and
perform the works proper or entrusted to the mem-
bers (CIC c. 610). Before welcoming a community of
religious or members of a society into the diocese or
eparchy, the diocesan or eparchial bishop must assure
that there is the availability of the works served by
the institute or society and all that is necessary for
them to live in accord with the spirit and character
of the institute or society.