The Loss of the Church Position in the Light of the 1983 Code of the Canon Law

Abstract

The author presents the ways of losing an ecclesiastical position considering the 1983 Code of Canon Law norms. In the 1983 Code of Canon Law in canon 145§1, one finds
„stabiliter constitutum”. This term means that every position, whether by Divine or ecclesiastical nomination, is characterized by constancy. This feature gives the ecclesiastical position its subjectivity, regardless of changes in the person holding the post or a situation where the
post is in a state of interest. The ecclesiastical position exists independently of the persons holding it, which means that once called into existence, it lasts. Therefore, the objective and subjective dimensions of the ecclesiastical position are distinguished. Ecclesiastical positions are generally single ones, but in some cases, they can be
performed by collegiate bodies, e.g., Episcopal Conferences in specific countries. The loss of ecclesiastical position in the canonical legal order may occur for the following reasons: expiration of the prescribed period, reaching the age prescribed by law, resignation, transfer, removal from office, and removal of the position. The author explains the reasons for the loss of the ecclesiastical position in the light of the applicable canon law, which is valid throughout the Latin – universal Church.