Folia Canonica 12. (2009)
STUDIES - Péter Artner: The remuneration of diocesan clerics
20 PÉTER ARTNER Basically we may say that the remuneration in such a situation should be enough to take good care of his ordinary needs. However, the diocese does not have to support a cleric, who cannot be assigned, if he has or can obtain another means of support.64 Neither does the diocese have to support the cleric, to whom the penalty is not imposed, but declared. This means, that if a priest incurs in a latae sententiae penalty (e.g., he attempts marriage), and later this suspension will be declared, he loses his remuneration. 65 By losing the clerical state the cleric loses the right to receive support from the diocese. He has to support himself as do other lay persons. Although there may still exist an obligation for charity on the part of the diocese; but this is not a legal justice,66 the Code just suggests67 or urges68 the remuneration. The basis of this is Christian charity, which comes into force, when the priest would have to beg.69 Nobody can be humiliated with argumentation to the positive law.70 These penalties, even if imposed in good faith, will definitely have adverse effects on the personality of the priest. He could suffer from depression, and experience loneliness, want and regrets. In this a situation it does not seem probable that such a priest would accept the traditional advice of reading spiritual books and mediating on the lives of Saints. When a cleric incurs a penalty or leaves the clerical state, in the subsequent support the bishop has to take stock of the situation of the circumstances, the age of the cleric, state of health, former life, qualification and the style of the leaving.71 The bishop may help the (ex-)cleric to find a job, may pay his tuition fees to learn a civil profession or give him a certain amount of money for the time between the ecclesiastical and civil work. No. 2. of §3 of can. 1333 prescribes that the cleric does not lose his right of residence which he has by reason of office. This is valid till the person possesses the office to which the obligation of residence is attached. Losing the office brings the loss of the right of residence, too. “ WOESTMAN 192. 65 P. Erdő, Egyházjog (Szent István Kézikönyvek 7), Budapest 20054, 631. “WOESTMAN 191-192. 67 “Abhilfe”: Ruf 353; Handbuch des katholischen Kirchenrechts, J. Listl - H. SCHMITZ (Hrsg.), Regensburg 21999, 1135. “ New Commentary on the Code of Canon Law, J. Beal - J. Coriden - T. Green (eds.), New York- Mahwah 2000, 1564 (Thomas Creen). “ Commento al Codice di diritto canonico, V. Pinto (a cura di), Città dei Vaticano 2001, 797. 70 J. D. Andrés, Szerzetesjog, Budapest 1999, 209. 71 Okoh 102.
