Vatican
City, 1 December 2012 (VIS) - Given below is Benedict XVI's Apostolic
Letter issued "motu proprio" on "The Service of
Charity", dated 11 November 2012.
"'The
Church's deepest nature is expressed in her three-fold
responsibility: of proclaiming the word of God (kerygma-martyria),
celebrating the sacraments (leitourgia) and exercising the ministry
of charity (diakonia). These duties presuppose each other and are
inseparable'.
"The
service of charity is also a constitutive element of the Church's
mission and an indispensable expression of her very being; all the
faithful have the right and duty to devote themselves personally to
living the new commandment that Christ left us, and to offering our
contemporaries not only material assistance, but also refreshment and
care for their souls. The Church is also called as a whole to the
exercise of the diakonia of charity, whether in the small communities
of particular Churches or on the level of the universal Church. This
requires organization 'if it is to be an ordered service to the
community', an organization which entails a variety of institutional
expressions.
"With
regard to this diakonia of charity, in my Encyclical Deus Caritas Est
I pointed out that 'in conformity with the episcopal structure of the
Church, the Bishops, as successors of the Apostles, are charged with
primary responsibility for carrying out in the particular Churches'
the service of charity; at the same time, however, I noted that 'the
Code of Canon Law, in the canons on the ministry of the Bishop, does
not expressly mention charity as a specific sector of episcopal
activity'. Although 'the Directory for the Pastoral Ministry of
Bishops explored more specifically the duty of charity as a
responsibility incumbent upon the whole Church and upon each Bishop
in his Diocese', there was still a need to fill the aforementioned
lacuna and to give adequate expression in canonical legislation to
both the essential nature of the service of charity in the Church and
its constitutive relationship with the episcopal ministry, while
outlining the legal aspects of this ecclesial service, especially
when carried out in an organised way and with the explicit support of
the Bishops.
"In
view of this, with the present Motu Proprio I intend to provide an
organic legislative framework for the better overall ordering of the
various organized ecclesial forms of the service of charity, which
are closely related to the diaconal nature of the Church and the
episcopal ministry.
"It
is important, however, to keep in mind that 'practical activity will
always be insufficient, unless it visibly expresses a love for man, a
love nourished by an encounter with Christ'. In carrying out their
charitable activity, therefore, the various Catholic organisations
should not limit themselves merely to collecting and distributing
funds, but should show special concern for individuals in need and
exercise a valuable educational function within the Christian
community, helping people to appreciate the importance of sharing,
respect and love in the spirit of the Gospel of Christ. The Church's
charitable activity at all levels must avoid the risk of becoming
just another form of organised social assistance.
"The
organised charitable initiatives promoted by the faithful in various
places differ widely one from the other, and call for appropriate
management. In a particular way, the work of Caritas has expanded at
the parish, diocesan, national and international levels. Caritas is
an institution promoted by the ecclesiastical Hierarchy which has
rightly earned the esteem and trust of the faithful and of many other
people around the world for its generous and consistent witness of
faith and its concrete ability to respond to the needs of the poor.
In addition to this broad initiative, officially supported by the
Church's authority, many other initiatives have arisen in different
places from the free enterprise of the faithful, who themselves wish
to help in various ways to offer a concrete witness of charity
towards those in need. While differing in their origin and juridical
status, both are expressions of sensitivity and a desire to respond
to the same pressing need.
"The
Church as an institution is not extraneous to those organised
initiatives which represent a free expression of the concern of the
baptised for individuals and peoples in need. The Church's Pastors
should always welcome these initiatives as a sign of the sharing of
all the faithful in the mission of the Church; they should respect
the specific characteristics and administrative autonomy which these
initiatives enjoy, in accordance with their nature, as a
manifestation of the freedom of the baptised.
"Alongside
these, the Church's authority has, on its own initiative, promoted
specific agencies which provide institutionally for allocating
donations made by the faithful, following suitable legal and
administrative methods which allow for a more effective response to
concrete needs.
"Nevertheless,
to the extent that such activities are promoted by the Hierarchy
itself, or are explicitly supported by the authority of the Church's
Pastors, there is a need to ensure that they are managed in
conformity with the demands of the Church’s teaching and the
intentions of the faithful, and that they likewise respect the
legitimate norms laid down by civil authorities. In view of these
requirements, it became necessary to establish in the Church’s law
certain essential norms inspired by the general criteria of canonical
discipline, which would make explicit in this sector of activity the
legal responsibilities assumed by the various subjects involved,
specifying in particular the position of authority and coordination
belonging to the diocesan Bishop. At the same time, the norms in
question need to be broad enough to embrace the significant diversity
of the institutions of Catholic inspiration which are engaged as such
in this sector, whether those originating from the Hierarchy or those
born of the direct initiative of the faithful, received and
encouraged by the local Pastors. While it was necessary to lay down
norms in this regard, there was also a need to consider the
requirements of justice and the responsibility of Bishops before the
faithful, with respect for the legitimate autonomy of each
institution.
Dispositive
Part
"Consequently,
upon the proposal of the Cardinal President of the Pontifical Council
Cor Unum, and after consultation with the Pontifical Council for
Legislative Texts, I establish and decree the following:
"Art.
1. - § 1. The faithful have the right to join in associations and to
establish agencies to carry out specific charitable services,
especially on behalf of the poor and suffering. To the extent that
these are linked to the charitable service of the Church's Pastors
and/or intend to use for this purpose contributions made by the
faithful, they must submit their own Statutes for the approval of the
competent ecclesiastical authority and comply with the following
norms.
§ 2.
Similarly, it is also the right of the faithful to establish
foundations to fund concrete charitable initiatives, in accordance
with the norms of canons 1303 of the Code of Canon Law (CIC) and 1047
of the Code of Canons of the Eastern Churches (CCEO). If foundations
of this type correspond to the characteristics set forth in § 1,
they will also observe, congrua congruis referendo, the provisions of
the present law.
§ 3. In
addition to observing the canonical legislation, the collective
charitable initiatives to which this Motu Proprio refers are required
to follow Catholic principles in their activity and they may not
accept commitments which could in any way affect the observance of
those principles.
§ 4.
Agencies and foundations for charitable purposes promoted by
Institutes of Consecrated Life and Societies of Apostolic Life are
required to comply with these norms, and they must follow the
prescriptions of canons 312 § 2 CIC and 575 § 2 CCEO.
"Art.
2. - § 1. The Statutes of each charitable agency referred to in the
preceding article must also contain, in addition to its institutional
offices and structures of governance in accordance with canon 95 § 1
CIC, the guiding principles and objectives of the initiative, the
management of funds, the profile of its workers, as well as the
reports and information which must be presented to the competent
ecclesiastical authority.
§ 2. A
charitable agency may use the name 'Catholic' only with the written
consent of the competent authority, as laid down by canon 300 CIC.
§ 3.
Agencies promoted by the faithful for charitable purposes can have an
Ecclesiastical Assistant appointed in accordance with the Statutes,
according to the norm of canons 324 § 2 and 317 CIC.
§ 4. At
the same time, the ecclesiastical authority must bear in mind its
duty to regulate the exercise of the rights of the faithful in
accordance with canons 223 § 2 CIC and 26 § 3 CCEO, and thus to
avoid the proliferation of charitable initiatives to the detriment of
their activity and effectiveness with regard to their stated goals.
"Art.
3. - § 1. With regard to the preceding articles, it is understood
that the competent authority at the respective levels is that
indicated by canons 312 CIC and 575 CCEO.
§ 2. For
agencies not approved at the national level, even though they operate
in different Dioceses, the competent authority is understood to be
the diocesan Bishop of the place where the agency has its principal
office. In any event, the agency has the duty to inform the Bishops
of other Dioceses where it operates and to respect the guidelines for
the activities of the various charitable agencies present in those
Dioceses.
"Art.
4. § 1. The diocesan Bishop exercises his proper pastoral solicitude
for the service of charity in the particular Church entrusted to him
as its Pastor, guide and the one primarily responsible for that
service.
§ 2. The
diocesan Bishop encourages and supports the initiatives and works of
service to neighbour in his particular Church, and encourages in the
faithful the spirit of practical charity as an expression of the
Christian life and sharing in the mission of the Church, as indicated
in canons 215 and 222 CIC and 25 and 18 CCEO.
§ 3. It
is the responsibility of the diocesan Bishop to ensure that in the
activities and management of these agencies the norms of the Church's
universal and particular law are respected, as well as the intentions
of the faithful who made donations or bequests for these specific
purposes.
"Art.
5. - The diocesan Bishop is to ensure that the Church enjoys the
right to carry out charitable activities, and he is to take care that
the faithful and the institutions under his supervision comply with
the legitimate civil legislation in this area.
"Art.
6. – It is the responsibility of the diocesan Bishop, as indicated
by canons 394 § 1 CIC and 203 § 1 CCEO, to coordinate within his
territory the different works of charitable service, both those
promoted by the Hierarchy itself and those arising from initiatives
of the faithful, without prejudice to their proper autonomy in
accordance with their respective Statutes. In particular, he is to
take care that their activities keep alive the spirit of the Gospel.
"Art.
7. - § 1. The agencies referred to in Article 1 § 1 are required to
select their personnel from among persons who share, or at least
respect, the Catholic identity of these works.
§ 2. To
ensure an evangelical witness in the service of charity, the diocesan
Bishop is to take care that those who work in the Church's charitable
apostolate, along with due professional competence, give an example
of Christian life and witness to a formation of heart which testifies
to a faith working through charity. To this end, he is also to
provide for their theological and pastoral formation, through
specific curricula agreed upon by the officers of various agencies
and through suitable aids to the spiritual life.
"Art.
8. – Wherever necessary, due to the number and variety of
initiatives, the diocesan Bishop is to establish in the Church
entrusted to his care an Office to direct and coordinate the service
of charity in his name.
"Art.
9. - § 1. The Bishop is to encourage in every parish of his
territory the creation of a local Caritas service or a similar body,
which will also promote in the whole community educational activities
aimed at fostering a spirit of sharing and authentic charity. When
appropriate, this service is to be established jointly by various
parishes in the same territory.
§ 2. It
is the responsibility of the Bishop and the respective parish priest
to ensure that together with Caritas, other charitable initiatives
can coexist and develop within the parish under the general
coordination of the parish priest, taking into account, however, the
prescriptions of Article 2 § 4 above.
§ 3. It
is the duty of the diocesan Bishop and the respective parish priests
to see that in this area the faithful are not led into error or
misunderstanding; hence they are to prevent publicity being given
through parish or diocesan structures to initiatives which, while
presenting themselves as charitable, propose choices or methods at
odds with the Church's teaching.
"Art.
10. - § 1. It is the responsibility of the Bishop to supervise the
ecclesiastical goods of the charitable agencies subject to his
authority.
§ 2. It
is the duty of the diocesan Bishop to ensure that the proceeds of
collections made in accordance with canons 1265 and 1266 CIC and
canons 1014 and 1015 CCEO are used for their stated purposes.
§ 3. In
particular, the diocesan Bishop is to ensure that charitable agencies
dependent upon him do not receive financial support from groups or
institutions that pursue ends contrary to Church's teaching.
Similarly, lest scandal be given to the faithful, the diocesan Bishop
is to ensure that these charitable agencies do not accept
contributions for initiatives whose ends, or the means used to pursue
them, are not in conformity with the Church's teaching.
§ 4. In
a particular way, the Bishop is to see that the management of
initiatives dependent on him offers a testimony of Christian
simplicity of life. To this end, he will ensure that salaries and
operational expenses, while respecting the demands of justice and a
necessary level of professionalism, are in due proportion to
analogous expenses of his diocesan Curia.
§ 5. To
permit the ecclesiastical authority mentioned in Article 3 § 1 to
exercise its duty of supervision, the agencies mentioned in Article 1
§ 1, are required to submit to the competent Ordinary an annual
financial report in a way which he himself will indicate.
"Art.
11. – The diocesan Bishop is obliged, if necessary, to make known
to the faithful the fact that the activity of a particular charitable
agency is no longer being carried out in conformity with the Church’s
teaching, and then to prohibit that agency from using the name
'Catholic' and to take the necessary measures should personal
responsibilities emerge.
"Art.
12. - § 1. The diocesan Bishop is to encourage the national and
international activity of the charitable agencies under his care,
especially cooperation with poorer ecclesiastical circumscriptions by
analogy with the prescriptions of canons 1274 § 3 CIC and 1021 § 3
CCEO.
§ 2.
Pastoral concern for charitable works, depending on circumstances of
time and place, can be carried out jointly by various neighbouring
Bishops with regard to a number of Churches, in accordance with the
norm of law. When such joint activity is international in character,
the competent Dicastery of the Holy See is to be consulted in
advance. For charitable initiatives on the national level, it is
fitting that the Bishop consult the respective office of the Bishops’
Conference.
"Art.
13. – The local ecclesiastical authority retains the full right to
give permission for initiatives undertaken by Catholic agencies in
areas of his jurisdiction, with due respect for canonical norms and
the specific identity of the individual agencies. It is also the duty
of the Bishop to ensure that the activities carried out in his
Diocese are conducted in conformity with ecclesiastical discipline,
either prohibiting them or adopting any measures needed in cases
where that discipline is not respected.
"Art.
14. – Where appropriate, the Bishop is to promote charitable
initiatives in cooperation with other Churches or Ecclesial
Communities, respecting the proper identity of each.
"Art.
15. - § 1. The Pontifical Council Cor Unum has the task of promoting
the application of this legislation and ensuring that it is applied
at all levels, without prejudice to the competence of the Pontifical
Council for the Laity with regard to associations of the faithful as
provided for in Article 133 of the Apostolic Constitution Pastor
Bonus, the competence of the Secretariat of State’s Section for
Relations with States, and the general competences of other
Dicasteries and Institutes of the Roman Curia. In particular, the
Pontifical Council Cor Unum is to take care that the charitable
service of Catholic institutions at the international level is always
to be carried out in communion with the various local Churches.
§ 2. The
Pontifical Council Cor Unum is also competent for the canonical
establishment of charitable agencies at the international level; it
thus takes on the responsibilities of discipline and promotion
entailed by law.
"I
order that everything I have laid down in this Apostolic Letter
issued Motu Proprio be fully observed, notwithstanding anything to
the contrary, even if worthy of particular mention, and I decree that
it be promulgated by publication in the daily newspaper L’Osservatore
Romano and enter into force on 10 December 2012".
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