Folia Canonica 12. (2009)
STUDIES - Péter Artner: The remuneration of diocesan clerics
12 PÉTER ARTNER 4. Diocesan fund The 1917 CIC treated benefices extensively and wrote 80 canons24 about the benefices and the diocesan funds. The new regulation gives this to the particular law, especially to the Bishops’ Conference.25 In every diocese there is to be a special fund, which collects offering for the purpose of providing support for the clergy who serve the diocese, unless they are otherwise cared for.26 There is a contrast between No. 21 of Presbyterorum Ordinis and cc. 1272-1274 of 1983 CIC about the diocesan funds, whether or not to have such funds. The present Code uses the word: “habeatur”, so it seems, that diocesan, or inter-diocesan funds are to be founded to provide the remuneration for sacred ministers. However, the end of §1 of c. 1274 writes, this fund is to be founded unless (nisi aliter) provision is made for the clergy in another way, so the diocesan bishop has the right to choose from the alternate possibilities.27 This diocesan fund is good for the bishop to fulfill his duty to support the old and disabled clerics28, those who are working in an office without any “benefice” (e.g. chancellor) or those, who are not incardinated to the diocese but are working there.29 30 It can be a “compensation fund” for clerics whose parishes are unable to generate sufficient revenue to support their pastor.50 In most places the support of the clergy depends on the free-will offerings of the faithful. The cc. 1272 and 1274 suspect, that not only the “offerings” of the faithful, which is a serious obligation (vera obligatio) for them31 but other incomes should be the basis of the support of the clergy.32 In some places the clergy are at least partially supported by endowments and taxes authorized by the state. 24 CIC 1917, cc. 1409-1488. 25 N. Ruf, Das Recht Der Katolischen Kirche, Freiburg/Br.—Basel—Wien 1984, 322. 26 Morrisey 34. 27 De Paolis, Il sostentamento, 49-50. “ Ruf 323. 29 H. Schwendenwein, Das neue Kirchenrecht, Styria 1983, 433. 30 Morrisey 34. 31 W. WoESTMAN, The Sacrament of Orders and the Clerical State, Ottawa 1999, 190. 32 T. Marchi, La remunerazione dei chierici nel nuovo Codice, in Monitor ecclesiasticus 109 (1984) 190.
