Folia Canonica 12. (2009)
STUDIES - Péter Artner: The remuneration of diocesan clerics
THE REMUNERATION OF DIOCESAN CLERICS 19 V. Clerics Under Penalty According to Penal Law penal measures may effect the remuneration of a cleric. As no. 5 of §2 of c. 1331 prescribes, if an excommunication is imposed or declared, the cleric does not appropriate the benefits of the dignity, office, any function, or pension, which he has in the Church. The suspension can induce the same effect, because as §4 of c. 1333 prescribes, a suspended cleric can be prohibited from receiving benefits, a stipend, pensions etc. As c. 1350 says, when penalties are imposed on a cleric, provision must always be made so that he does not lack those things necessary for his decent support, unless the cleric is dismissed from the clerical state. As the dismissal from clerical state is never declared but imposed, and the loss of the clerical state is always followed by the loss of the ecclesiastical office, the cleric loses automatically all remuneration received from the Church. There is a close relationship between the remuneration and the ecclesiastical ministry. The cleric who does not observe the obligation of availability, as written in c. 274, he loses his right to remuneration. But if non-compliance or suspension of the duty of the ministry were due to causes beyond the will of the cleric, the right of remuneration would not cease for that reason.60 Neither if a cleric cannot be assigned or permitted to exercise ministry because of his past conduct, he does not ipso facto lose his right to the sustentation. Although when a cleric refuses to fulfill his duty without a just cause he implicitly renounces the right to support.61 The question is, what kind of sustentation a punished cleric can receive. His rights cannot be equal to those of in the active ministry. Whatever support a penalized cleric would however receive, should not be the same as for those who are in good standing with the Church. The support given to a priest under a penalty should not consist of a mere pittance. It should be enough to take good care of his ordinary needs. The Church has wisely made provisions in her legislation for the adequate support of such priests who have run afoul on the law. The reason can be inferred from the fact that the cleric still belongs to the ranks of the clergy, even though he is not judged worthy of carrying out the duties attached to his office. The dignity of the clerical state demands that he be supported.62 Maybe he is willing to serve the Church in some other ministry.63 “ Exegetical Commentary, II/1, 365. 61 WOESTMAN 191. “ OKOH 102-103. “ WOESTMAN 191.
