Folia Canonica 12. (2009)

STUDIES - Péter Artner: The remuneration of diocesan clerics

THE REMUNERATION OF DIOCESAN CLERICS

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2. The Remuneration as the Right of the Cleric

As the Conciliar language and the CIC omit any reference to the term “ius”, and prefer other, of less obligatory appearance;19 we cannot say that the cleric has the “right” for remuneration for his work, at least not in the very strict sense of the word. Canon 281 in §1 uses the word: “deserve — merentur”. According to this we may say that no cleric has the right for any remuneration just because of his clerical status, but as any other human being, he has to receive remuneration for his work. This means that if we say that a cleric has the right for remuneration, this right arises from natural or Divine law, as he is fulfilling his duty he deserves remuneration (The laborer is worthy of his hire), and not from mere Ecclesiastical law, based on his clerical state. The situation of those who are old, ill or under penalty will be discussed later.

3. Incardination

The clerics deserve the remuneration because they dedicate themselves to ecclesiastical ministry. As in the past, nobody was allowed to be ordained without a benefice, nowadays no cleric can be ordained without being incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society20. The obligation of sustentation comes from the incardination.21 Basically that institute (diocese, prelature or religious institute) has to provide support for the cleric, in which he is incardinated.22 It should be noted, that c. 281 bases remuneration on the fact that the cleric performs an ecclesiastical office, independently of whether or not he is incardinated into the diocese or institute in which he performs this office.23

15 Á. MARZOA - J. Miras - R. RodrIguez-Ocana, R. (eds.), Exegetical Commentary on the Code of Canon Law, Montreal-Chicago 2004, II/l, 363 {Jorge de Otaduy).

20 C. 265.

21 Exegetical Commentary, II/l, 364.

22 V. De PaolisII sostentamento del clero net Concilio e nel Codice, in Quaderni di diritto ecclesiale 1 (1989) 47.

21 V. De Paolis, II sostentamento del clero, in R. Latourelle (ed.), Vatican II: Assessment and Perspectives. Twenty-five Years After (1962—1987), New York 1988—1989, 583.