Title I

When the ministry of any pastor (parochus) has become detrimental or at least ineffective for any reason, even through no grave fault of his own, he can be removed from the parish by the diocesan bishop.

The reasons for which a pastor (parochus) can be legitimately removed from his parish are especially the following:

(1) a way of acting which is gravely detrimental or disturbing to the ecclesial community;

(2) incompetence or a permanent infirmity of mind or body which renders a pastor (parochus) incapable of performing his duties in a useful way;

(3) loss of good reputation among upright and good parishioners or aversion to the pastor (parochus) which are foreseen as not ceasing in a short time;

(4) grave neglect or violation of parochial duties which persist after a warning;

(5) poor administration of temporal affairs with grave damage to the Church whenever this problem cannot be remedied in any other way.

§ 1.

If after an inquiry has been conducted, it is proven that a cause mentioned in can. 1740 is present, the bishop is to discuss the matter with two pastors (parochus) from the group permanently selected for this by the presbyteral council after their being proposed by the bishop; but if subsequently he decides that the removal must take place, he is paternally to persuade the pastor (parochus) to resign the pastorate within a period of fifteen days, after he has explained, for validity, the reason and the arguments for removal.

§ 2.

The prescription of can. 682, § 2 is to be observed concerning pastors (parochus) who are members of a religious institute or a society of apostolic life.

A resignation by a pastor (parochus) can be submitted not only purely and simply but also conditionally provided (dummodo) that this can be legitimately accepted by the bishop and is actually accepted.

§ 1.

If the pastor (parochus) has not answered within the aforementioned time period the bishop is to repeat the invitation extending this available time for response.

§ 2.

If the bishop has the proof that the pastor (parochus) has received the second invitation but has not responded although not hindered by any impediment or if the pastor (parochus) refuses to resign giving no reasons, the bishop is to issue the decree of removal.

But if the pastor (parochus) opposes the cause alleged for removal and its reasons, alleging reasons which appear insufficient to the bishop, in order for the latter to act validly, he is to:

(1) invite the pastor (parochus) to organize his challenges to removal in a written report, having inspected the acts, and also to offer proofs to the contrary, if he has any;

(2) consider the matter with the same pastors mentioned in can. 1742, § 1 unless (nisi) others must be designated due to their inability, after he has completed the instruction if necessary;

(3) finally determine whether or not the pastor (parochus) must be removed and promptly issue a decree on the matter.

When the pastor (parochus) has been removed, the bishop is to provide for him through an assignment to another office, if he is suitable for this, or through a pension, as the case requires and circumstances permit.

§ 1.

The removed pastor (parochus) must abstain from exercising the office of pastor, vacate the rectory immediately, and hand over all that pertains to the parish to the one to whom the bishop shall entrust the parish.

§ 2.

If there is a question of a sick pastor (parochus) who cannot be transferred elsewhere from the rectory without inconvenience, the bishop is to leave the rectory even to his exclusive use while this need lasts.

§ 3.

While recourse is pending against the decree of removal, the bishop cannot name a new pastor (parochus) but meanwhile is to provide a parish administrator.

If the good of souls or the need or advantage of the Church requires that a pastor (parochus) be transferred from his parish which he is governing usefully to another parish or to another office, the bishop is to propose the transfer to him in writing and persuade him to consent to it for the love of God and of souls.

If the pastor (parochus) does not intend to yield to the counsel and persuasion of the bishop, he is to explain his reasons in writing.

Notwithstanding the reasons alleged, if the bishop judges that he is not going to change his plans, he is to discuss the reasons which favor or oppose the transfer with the two pastors (parochus) chosen in accord with can. 1742, § 1; if he then decides to implement the transfer, he is to repeat the paternal exhortations to the pastor (parochus).

§ 1.

When this has been done, if the pastor (parochus) still refuses and the bishop thinks the transfer must be made, he is to issue a decree of transfer stating that the parish shall be vacant after the lapse of a pre-determined time.

§ 2.

If this period of time has passed in vain, he is to declare the parish vacant.

In cases of transfer, the prescriptions of can. 1747 are to be applied, with due regard for canonical equity and having before one's eyes the salvation of souls, which is always the supreme law of the Church.