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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.