Code of Canon Law 336

Art. 2. THE COLLEGE OF BISHOPS


336 The college of bishops, whose head is the Supreme Pontiff and whose members are bishops by virtue of sacramental consecration and hierarchical communion with the head and members of the college and in which the apostolic body continues, together with its head and never without this head, is also the subject of supreme and full power offer the universal Church.


337 §1. The college of bishops exercises power offer the universal Church in a solemn manner in an ecumenical council.

§2. It exercises the same power through the united action of the bishops dispersed in the world, which the Roman Pontiff has publicly declared or freely accepted as such so that it becomes a true collegial act.

§3. It is for the Roman Pontiff, according to the needs of the Church, to select and promote the ways by which the college of bishops is to exercise its function collegially regarding the universal Church.


338 §1. It is for the Roman Pontiff alone to convoke an ecumenical council, preside offer it personally or through others, transfer, suspend, or dissolve a council, and to approve its decrees.

§2. It is for the Roman Pontiff to determine the matters to be treated in a council and establish the order to be observed in a council. To the questions proposed by the Roman Pontiff, the council fathers can add others which are to be approved by the Roman Pontiff.


339 §1. All the bishops and only the bishops who are members of the college of bishops have the right and duty to take part in an ecumenical council with a deliberative vote.

§2. Moreover, some others who are not bishops can be called to an ecumenical council by the supreme authority of the Church, to whom it belongs to determine their roles in the council.


340 If the Apostolic See becomes vacant during the celebration of a council, the council is interrupted by the law itself until the new Supreme Pontiff orders it to be continued or dissolves it.


341 §1. The decrees of an ecumenical council do not have obligatory force unless they have been approved by the Roman Pontiff together with the council fathers, confirmed by him, and promulgated at his order.

§2. To have obligatory force, decrees which the college of bishops issues when it places a truly collegial action in another way initiated or freely accepted by the Roman Pontiff need the same confirmation and promulgation.

CHAPTER II. THE SYNOD OF BISHOPS


342 The synod of bishops is a group of bishops who have been chosen from different regions of the world and meet together at fixed times to foster closer unity between the Roman Pontiff and bishops, to assist the Roman Pontiff with their counsel in the preservation and growth of faith and morals and in the observance and strengthening of ecclesiastical discipline, and to consider questions pertaining to the activity of the Church in the world.


343 It is for the synod of bishops to discuss the questions for consideration and express its wishes but not to resolve them or issue decrees about them unless in certain cases the Roman Pontiff has endowed it with deliberative power, in which case he ratifies the decisions of the synod.


344 The synod of bishops is directly subject to the authority of the Roman Pontiff who:

1/ convokes a synod as often as it seems opportune to him and designates the place where its sessions are to be held;

2/ radios the election of members who must be elected according to the norm of special law and designates and appoints other members;

3/ determines at an appropriate time before the celebration of a synod the contents of the questions to be treated, according to the norm of special law;

4/ defines the agenda;

5/ presides at the synod personally or through others;

6/ concludes, transfers, suspends, and dissolves the synod.


345 The synod of bishops can be assembled in a general session, that is, one which treats matters that directly pertain to the good of the universal Church; such a session is either ordinary or extraordinary. It can also be assembled in a special session, namely, one which considers affairs that directly pertain to a determinate region or regions.


346 §1. A synod of bishops assembled in an ordinary general session consists of members of whom the greater part are bishops elected for each session by the conferences of bishops according to the method determined by the special law of the synod; others are designated by virtue of the same law; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same special law.

§2. A synod of bishops gathered in an extraordinary general session to treat affairs which require a speedy solution consists of members of whom the greater part are bishops designated by the special law of the synod by reason of the office which they hold; others are appointed directly by the Roman Pontiff; to these are added some members of clerical religious institutes elected according to the norm of the same law.

§3. A synod of bishops gathered in a special session consists of members especially selected from those regions for which it was called, according to the norm of the special law which governs the synod.


347 §1. When the Roman Pontiff concludes a session of the synod of bishops, the function entrusted in it to the bishops and other members ceases.

§2. If the Apostolic See becomes vacant after a synod is convoked or during its celebration, the session of the synod and the function entrusted to its members are suspended by the law itself until the new Pontiff has decided to dissolve or continue the session.


348 §1. The synod of bishops has a permanent general secretariat presided offer by a general secretary who is appointed by the Roman Pontiff and assisted by the council of the secretariat. This council consists of bishops, some of whom are elected by the synod of bishops itself according to the norm of special law while others are appointed by the Roman Pontiff. The function of all these ceases when a new general session begins.

§2. Furthermore, for each session of the synod of bishops one or more special secretaries are constituted who are appointed by the Roman Pontiff and remain in the office entrusted to them only until the session of the synod has been completed.


CHAPTER III. THE CARDINALS OF THE HOLY ROMAN CHURCH


349 The cardinals of the Holy Roman Church constitute a special college which provides for the election of the Roman Pontiff according to the norm of special law. The cardinals assist the Roman Pontiff either collegially when they are convoked to deal with questions of major importance, or individually when they help the Roman Pontiff through the various offices they perform, especially in the daily care of the universal Church.


350 §1. The college of cardinals is divided into three orders: the episcopal order, to which belong cardinals to whom the Roman Pontiff assigns title of a suburbicarian church and Eastern patriarchs who have been brought into the college of cardinals; the presbyteral order and the diaconal order.

§2. The Roman Pontiff assigns each of the cardinals of the presbyteral or diaconal orders his own title or diaconia in Rome.

§3. Eastern patriarchs who have been made members of the college of cardinals have their own patriarchal see as a title.

§4. The cardinal dean holds as his title the Diocese of Ostia together with the other church he already has as a title.

§5. Through a choice made in consistory and approved by the Supreme Pontiff and with priority of order and promotion observed, cardinals from the presbyteral order can transfer to another title, and cardinals from the diaconal order to another diaconia and if they have been in the diaconal order for ten full years, even to the presbyteral order.

§6. A cardinal transferring through choice from the diaconal order to the presbyteral order takes precedence offer all those cardinal presbyters who were brought into the cardinalate after him.


351 §1. The Roman Pontiff freely selects men to be promoted as cardinals, who have been ordained at least into the order of the presbyterate and are especially outstanding in doctrine, morals, piety, and prudence in action; those who are not yet bishops must receive episcopal consecration.

§2. Cardinals are created by a decree of the Roman Pontiff which is made public in the presence of the college of cardinals. From the moment of the announcement they are bound by the duties and possess the rights defined by law.

§3. When the Roman Pontiff has announced the selection of a person to the dignity of cardinal but reserves the name of the person in pectore, the one promoted is not bound in the meantime by any of the duties of cardinals nor does he possess any of their rights. After the Roman Pontiff has made his name public, however, he is bound by the same duties and possesses the same rights; he possesses the right of precedence, though, from the day of reservation in pectore.


352 §1. The dean presides offer the college of cardinals; if he is impeded, the assistant dean takes his place.

Neither the dean nor the assistant dean possesses any power of governance offer the other cardinals but is considered as first among equals.

§2. When the office of dean is vacant, the cardinals who possess title to a suburbicarian church and they alone are to elect one from their own group who is to act as dean of the college; the assistant dean, if he is present, or else the oldest among them, presides at this election. They are to submit the name of the person elected to the Roman Pontiff who is competent to approve him.

§3. The assistant dean is elected in the same manner as that described in §2, with the dean himself presiding.

The Roman Pontiff is also competent to approve the election of the assistant dean.

§4. If the dean and assistant dean do not have a domicile in Rome, they are to acquire one there.


353 §1. The cardinals especially assist the supreme pastor of the Church through collegial action in consistories in which they are gathered by order of the Roman Pontiff who presides. Consistories are either ordinary or extraordinary.

§2. For an ordinary consistory, all the cardinals, at least those present in Rome, are called together to be consulted concerning certain grave matters which occur rather frequently or to carry out certain very solemn acts.

§3. For an extraordinary consistory, which is celebrated when particular needs of the Church or the treatment of more grave affairs suggests it, all the cardinals are called together.

§4. Only the ordinary consistory in which some solemnities are celebrated can be public, that is, when prelates, representatives of civil societies, and others who have been invited to it are admitted in addition to the cardinals.


354 The cardinals who preside offer dicasteries and other permanent institutes of the Roman Curia and Vatican City and who have completed the seventy-fifth year of age are asked to submit their resignation from office to the Roman Pontiff who will see to the matter after considering the circumstances.


355 §1. The cardinal dean is competent to ordain as a bishop the one elected as Roman Pontiff if he needs to be ordained; if the dean is impeded, the assistant dean has the same right, and if he is impeded, the oldest cardinal from the episcopal order.

§2. The senior cardinal deacon announces the name of the newly elected Supreme Pontiff to the people; likewise, in the place of the Roman Pontiff, he places the pallium upon metropolitans or hands it offer to their proxies.


356 Cardinals are obliged to cooperate assiduously with the Roman Pontiff; therefore, cardinals who exercise any office in the curia and who are not diocesan bishops are obliged to reside in Rome. Cardinals who have the care of some diocese as the diocesan bishop are to go to Rome whenever the Roman Pontiff calls them.


357 §1. The cardinals who have been assigned title to a suburbicarian church or a church in Rome are to promote the good of these dioceses or churches by counsel and patronage after they have taken possession of them.

Nevertheless, they possess no power of governance offer them nor are they to intervene in any way in those matters which pertain to the administration of their goods, their discipline, or the service of the churches.

§2. In those matters which pertain to their own person, cardinals living outside of Rome and outside their own diocese are exempt from the power of governance of the bishop of the diocese in which they are residing.


358 A cardinal to whom the Roman Pontiff entrusts the function of representing him in some solemn celebration or among some group of persons as a legates a latere, that is, as his alter ego, as well as one to whom the Roman Pontiff entrusts the fulfillment of a certain pastoral function as his special envoy (missus specialis) has competence only offer those things which the Roman Pontiff commits to him.


359 When the Apostolic See is vacant, the college of cardinals possesses only that power in the Church which is attributed to it in special law.


CHAPTER IV. THE ROMAN CURIA


360 The Supreme Pontiff usually conducts the affairs of the universal Church through the Roman Curia which performs its function in his name and by his authority for the good and service of the churches. The Roman Curia consists of the Secretariat of State or the Papal Secretariat, the Council for the Public Affairs of the Church, congregations, tribunals, and other institutes; the constitution and competence of all these are defined in special law.


361 In this Code, the term Apostolic See or Holy See refers not only to the Roman Pontiff but also to the Secretariat of State, the Council for the Public Affairs of the Church, and other institutes of the Roman Curia, unless it is otherwise apparent from the nature of the matter or the context of the words.

CHAPTER V. LEGATES OF THE ROMAN PONTIFF


362 The Roman Pontiff has the innate and independent right to appoint, send, transfer, and recall his own legates either to particular churches in various nations or regions or to states and public authorities. The norms of international law are to be observed in what pertains to the mission and recall of legates appointed to states.


363 §1. To the legates of the Roman Pontiff is entrusted the office of representing the Roman Pontiff in a stable manner to particular churches or also to the states and public authorities to which they are sent.

§2. Those who are designated as delegates or observers in a pontifical mission at international councils or at conferences and meetings also represent the Apostolic See.


364 The principal function of a pontifical legate is daily to make stronger and more effective the bonds of unity which exist between the Apostolic See and particular churches. Therefore, it pertains to the pontifical legate for his own jurisdiction:

1/ to send information to the Apostolic See concerning the conditions of particular churches and everything that touches the life of the Church and the good of souls;

2/ to assist bishops by action and counsel while leaving intact the exercise of their legitimate power;

3/ to foster close relations with the conference of bishops by offering it assistance in every way;

4/ regarding the nomination of bishops, to transmit or propose to the Apostolic See the names of candidates and to instruct the informational process concerning those to be promoted, according to the norms given by the Apostolic See;

5/ to strive to promote matters which pertain to the peace, progress, and cooperative effort of peoples;

6/ to collaborate with bishops so that suitable relations are fostered between the Catholic Church and other Churches or ecclesial communities, and even non-Christian religions;

7/ in associated action with bishops, to protect those things which pertain to the mission of the Church and the Apostolic See before the leaders of the state;

8/ in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See entrusts to him.


365 §1. It is also the special function of a pontifical legate who at the same time acts as a legate to states according to the norms of international law:

1/ to promote and foster relations between the Apostolic See and the authorities of the state;

2/ to deal with questions which pertain to relations between Church and state and in a special way to deal with the drafting and implementation of concordats and other agreements of this type.

§2. In conducting the affairs mentioned in §1, a pontifical legate, as circumstances suggest, is not to neglect to seek the opinion and counsel of the bishops of the ecclesiastical jurisdiction and is to inform them of the course of affairs.


366 In view of the particular character of the function of a legate:

1/ the seat of a pontifical legation is exempt from the power of governance of the local ordinary unless it is a question of celebrating marriages;

2/ after he has notified in advance the local ordinaries insofar as possible, a pontifical legate is permitted to perform liturgical celebrations in all churches of his legation, even in pontificals.


367 The function of a pontifical legate does not cease when the Apostolic See becomes vacant unless the pontifical letter establishes otherwise; it does cease, however, when the mandate has been fulfilled, when the legate has been notified of recall, or when the Roman Pontiff accepts the legate’s resignation.

TITLE I. PARTICULAR CHURCHES AND THE AUTHORITY ESTABLISHED IN THEM (Cann. 368 - 430)


CHAPTER I. PARTICULAR CHURCHES


368 Particular churches, in which and from which the one and only Catholic Church exists, are first of all dioceses, to which, unless it is otherwise evident, are likened a territorial prelature and territorial abbacy, an apostolic vicariate and an apostolic prefecture, and an apostolic administration erected in a stable manner.


369 A diocese is a portion of the people of God which is entrusted to a bishop for him to shepherd with the cooperation of the presbyterium, so that, adhering to its pastor and gathered by him in the Holy Spirit through the gospel and the Eucharist, it constitutes a particular church in which the one, holy, catholic, and apostolic Church of Christ is truly present and operative.


370 A territorial prelature or territorial abbacy is a certain portion of the people of God which is defined territorially and whose care, due to special circumstances, is entrusted to some prelate or abbot who governs it as its proper pastor just like a diocesan bishop.


371 §1. An apostolic vicariate or apostolic prefecture is a certain portion of the people of God which has not yet been established as a diocese due to special circumstances and which, to be shepherded, is entrusted to an apostolic vicar or apostolic prefect who governs it in the name of the Supreme Pontiff.

§2. An apostolic administration is a certain portion of the people of God which is not erected as a diocese by the Supreme Pontiff due to special and particularly grave reasons and whose pastoral care is entrusted to an apostolic administrator who governs it in the name of the Supreme Pontiff.


372 §1. As a rule, a portion of the people of God which constitutes a diocese or other particular church is limited to a definite territory so that it includes all the faithful living in the territory.

§2. Nevertheless, where in the judgment of the supreme authority of the Church it seems advantageous after the conferences of bishops concerned have been heard, particular churches distinguished by the rite of the faithful or some other similar reason can be erected in the same territory.


373 It is only for the supreme authority to erect particular churches; those legitimately erected possess juridic personality by the law itself.


374 §1. Every diocese or other particular church is to be divided into distinct parts or parishes.

§2. To foster pastoral care through common action, several neighboring parishes can be joined into special groups, such as vicariates forane.

CHAPTER II. BISHOPS

Art. 1. BISHOPS IN GENERAL


375 §1. Bishops, who by divine institution succeed to the place of the Apostles through the Holy Spirit who has been given to them, are constituted pastors in the Church, so that they are teachers of doctrine, priests of sacred worship, and ministers of governance.

§2. Through episcopal consecration itself, bishops receive with the function of sanctifying also the functions of teaching and governing; by their nature, however, these can only be exercised in hierarchical communion with the head and members of the college.


376 Bishops to whom the care of some diocese is entrusted are called diocesan; others are called titular.


377 §1. The Supreme Pontiff freely appoints bishops or confirms those legitimately elected.

§2. At least every three years, bishops of an ecclesiastical province or, where circumstances suggest it, of a conference of bishops, are in common counsel and in secret to compose a list of presbyters, even including members of institutes of consecrated life, who are more suitable for the episcopate. They are to send it to the Apostolic See, without prejudice to the right of each bishop individually to make known to the Apostolic See the names of presbyters whom he considers worthy of and suited to the episcopal function.

§3. Unless it is legitimately established otherwise, whenever a diocesan or coadjutor bishop must be appointed, as regards what is called the ternus to be proposed to the Apostolic See, the pontifical legate is to seek individually and to communicate to the Apostolic See together with his own opinion the suggestions of the metropolitan and suffragans of the province to which the diocese to be provided for belongs or with which it is joined in some grouping, and the suggestions of the president of the conference of bishops. The pontifical legate, moreover, is to hear some members of the college of consultors and cathedral chapter and, if he judges it expedient, is also to seek individually and in secret the opinion of others from both the secular and non-secular clergy and from laity outstanding in wisdom.

§4. Unless other provision has been legitimately made, a diocesan bishop who judges that an auxiliary should be given to his diocese is to propose to the Apostolic See a list of at least three presbyters more suitable for this office.

§5. In the future, no rights and privileges of election, nomination, presentation, or designation of bishops are granted to civil authorities.


378 §1. In regard to the suitability of a candidate for the episcopacy, it is required that he is:

1/ outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence, and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question;

2/ of good reputation;

3/ at least thirty-Five years old;

4/ ordained to the presbyterate for at least Five years;

5/ in possession of a doctorate or at least a licentiate in sacred scripture, theology, or canon law from an institute of higher studies approved by the Apostolic See, or at least truly expert in the same disciplines.

§2. The definitive judgment concerning the suitability of the one to be promoted pertains to the Apostolic See.


379 Unless he is prevented by a legitimate impediment, whoever has been promoted to the episcopacy must receive episcopal consecration within three months from the receipt of the apostolic letter and before he takes possession of his office.


380 Before he takes canonical possession of his office, the one promoted is to make the profession of faith and take the oath of fidelity to the Apostolic See according to the formula approved by the Apostolic See.



Art. 2. DIOCESAN BISHOPS


381 §1. A diocesan bishop in the diocese entrusted to him has all ordinary, proper, and immediate power which is required for the exercise of his pastoral function except for cases which the law or a decree of the Supreme Pontiff reserves to the supreme authority or to another ecclesiastical authority.

§2. Those who preside offer the other communities of the faithful mentioned in
CIC 368 are equivalent in law to a diocesan bishop unless it is otherwise apparent from the nature of the matter or from a prescript of law.


382 §1. One promoted as bishop cannot assume the exercise of the office entrusted to him before he has taken canonical possession of the diocese. Nevertheless, he is able to exercise offices which he already had in the same diocese at the time of promotion, without prejudice to the prescript of CIC 409, §2.

§2. Unless he is prevented by a legitimate impediment, one promoted to the office of diocesan bishop must take canonical possession of his diocese within four months of receipt of the apostolic letter if he has not already been consecrated a bishop; if he has already been consecrated, within two months from receipt of this letter.

§3. A bishop takes canonical possession of a diocese when he personally or through a proxy has shown the apostolic letter in the same diocese to the college of consultors in the presence of the chancellor of the curia, who records the event. In newly erected dioceses, he takes canonical possession when he has seen to the communication of the same letter to the clergy and people present in the cathedral church, with the senior presbyter among those present recording the event.

§4. It is strongly recommended that the taking of canonical possession be done within a liturgical act in the cathedral church with the clergy and people gathered together.


383 §1. In exercising the function of a pastor, a diocesan bishop is to show himself concerned for all the Christian faithful entrusted to his care, of whatever age, condition, or nationality they are, whether living in the territory or staying there temporarily; he is also to extend an apostolic spirit to those who are not able to make sufficient use of ordinary pastoral care because of the condition of their life and to those who no longer practice their religion.

§2. If he has faithful of a different rite in his diocese, he is to provide for their spiritual needs either through priests or parishes of the same rite or through an episcopal vicar.

§3. He is to act with humanity and charity toward the brothers and sisters who are not in full communion with the Catholic Church and is to foster ecumenism as it is understood by the Church.

§4. He is to consider the non-baptized as committed to him in the Lord, so that there shines on them the charity of Christ whose witness a bishop must be before all people.


384 With special solicitude, a diocesan bishop is to attend to presbyters and listen to them as assistants and counselors. He is to protect their rights and take care that they correctly fulfill the obligations proper to their state and that the means and institutions which they need to foster spiritual and intellectual life are available to them.

He also is to take care that provision is made for their decent support and social assistance, according to the norm of law.


385 As much as possible, a diocesan bishop is to foster vocations to different ministries and to consecrated life, with special care shown for priestly and missionary vocations.


386 §1. A diocesan bishop, frequently preaching in person, is bound to propose and explain to the faithful the truths of the faith which are to be believed and applied to morals. He is also to take care that the prescripts of the canons on the ministry of the word, especially those on the homily and catechetical instruction, are carefully observed so that the whole Christian doctrine is handed on to all.

§2. Through more suitable means, he is firmly to protect the integrity and unity of the faith to be believed, while nonetheless acknowledging a just freedom in further investigating its truths.


387 Since the diocesan bishop is mindful of his obligation to show an example of holiness in charity, humility, and simplicity of life, he is to strive to promote in every way the holiness of the Christian faithful according to the proper vocation of each. Since he is the principal dispenser of the mysteries of God, he is to endeavor constantly that the Christian faithful entrusted to his care grow in grace through the celebration of the sacraments and that they understand and live the paschal mystery.


388 §1. After the diocesan bishop has taken possession of the diocese, he must apply a Mass for the people entrusted to him each Sunday and on the other holy days of obligation in his region.

§2. The bishop himself must personally celebrate and apply a Mass for the people on the days mentioned in §1. If he is legitimately impeded from this celebration, however, he is to apply the Masses either on the same days through another or on other days himself.

§3. A bishop to whom other dioceses besides his own have been entrusted, even under title of administration, satisfies the obligation by applying one Mass for all the people entrusted to him.

§4. A bishop who has not satisfied the obligation mentioned in §§1-3 is to apply as soon as possible as many Masses for the people as he has omitted.


389 He is frequently to preside at the celebration of the Most Holy Eucharist in the cathedral church or another church of his diocese, especially on holy days of obligation and other solemnities.


390 A diocesan bishop can perform pontifical functions in his entire diocese but not outside his own diocese without the express, or at least reasonably presumed, consent of the local ordinary.


391 §1. It is for the diocesan bishop to govern the particular church entrusted to him with legislative, executive, and judicial power according to the norm of law.

§2. The bishop exercises legislative power himself. He exercises executive power either personally or through vicars general or episcopal vicars according to the norm of law. He exercises judicial power either personally or through the judicial vicar and judges according to the norm of law.


392 §1. Since he must protect the unity of the universal Church, a bishop is bound to promote the common discipline of the whole Church and therefore to urge the observance of all ecclesiastical laws.

§2. He is to exercise vigilance so that abuses do not creep into ecclesiastical discipline, especially regarding the ministry of the word, the celebration of the sacraments and sacramentals, the worship of God and the veneration of the saints, and the administration of goods.


393 The diocesan bishop represents his diocese in all its juridic affairs.


394 §1. A bishop is to foster various forms of the apostolate in the diocese and is to take care that in the entire diocese or in its particular districts, all the works of the apostolate are coordinated under his direction, with due regard for the proper character of each.

§2. He is to insist upon the duty which binds the faithful to exercise the apostolate according to each one’s condition and ability and is to exhort them to participate in and assist the various works of the apostolate according to the needs of place and time.


395 §1. Even if a diocesan bishop has a coadjutor or auxiliary, he is bound by the law of personal residence in the diocese.

§2. Apart from ad limina visits, councils, synods of bishops, conferences of bishops which he must attend, or some other duty legitimately entrusted to him, he can be absent from his diocese for a reasonable cause but not beyond a month, whether continuous or interrupted, and provided that he makes provision so that the diocese will suffer no detriment from his absence.

§3. He is not to be absent from the diocese on Christmas, during Holy Week, and on Easter, Pentecost, and the Feast of the Body and Blood of Christ, except for a grave and urgent cause.

§4. If a bishop has been illegitimately absent from the diocese for more than six months, the metropolitan is to inform the Apostolic See of his absence; if it concerns the metropolitan, the senior suffragan is to do so.


396 §1. A bishop is obliged to visit the diocese annually either in whole or in part, so that he visits the entire diocese at least every Five years either personally or, if he has been legitimately impeded, through the coadjutor bishop, an auxiliary, vicar general, episcopal vicar, or another presbyter.

§2. A bishop is permitted to choose the clerics he prefers as companions and assistants on a visitation; any contrary privilege or custom is reprobated.


397 §1. Persons, Catholic institutions, and sacred things and places, which are located within the area of the diocese, are subject to ordinary episcopal visitation.

§2. A bishop can visit members of religious institutes of pontifical right and their houses only in the cases expressed in law.


398 A bishop is to strive to complete the pastoral visitation with due diligence. He is to take care that he does not burden or impose a hardship on anyone through unnecessary expenses.


399 §1. Every Five years a diocesan bishop is bound to make a report to the Supreme Pontiff on the state of the diocese entrusted to him, according to the form and time determined by the Apostolic See.

§2. If the year determined for submitting a report falls entirely or in part within the first two years of his governance of a diocese, a bishop can refrain from making and submitting his report on this one occasion.


400 §1. Unless the Apostolic See has established otherwise, during the year in which he is bound to submit a report to the Supreme Pontiff, a diocesan bishop is to go to Rome to venerate the tombs of the Blessed Apostles Peter and Paul and to present himself to the Roman Pontiff.

§2. A bishop is to satisfy the above-mentioned obligation personally unless he is legitimately impeded. In that case, he is to satisfy it through his coadjutor, if he has one, or auxiliary, or a suitable priest of his presbyterium who resides in his diocese.

§3. An apostolic vicar can satisfy this obligation through a proxy, even one living in Rome. This obligation does not bind an apostolic prefect.


401 §1. A diocesan bishop who has completed the seventy-fifth year of age is requested to present his resignation from office to the Supreme Pontiff, who will make provision after he has examined all the circumstances.

§2. A diocesan bishop who has become less able to fulfill his office because of ill health or some other grave cause is earnestly requested to present his resignation from office.


402 §1. A bishop whose resignation from office has been accepted retains the title of emeritus of his diocese and can retain a place of residence in that diocese if he so desires, unless in certain cases the Apostolic See provides otherwise because of special circumstances.

§2. The conference of bishops must take care that suitable and decent support is provided for a retired bishop, with attention given to the primary obligation which binds the diocese he has served.




Code of Canon Law 336