Removal of a religious from the office Sample Clauses

Removal of a religious from the office. Either the xxxxxx who appointed the religious or the superior who presented or consented to member’s accepting office can remove him or her from an ecclesiastical office (can. 682 §2). The canon simply says that they can do it at discretion (ad nutum). As to causes or reasons for removal the canon is silent. ES I 32 states that there exists a grave cause for this removal. However, neither party is required to reveal to the other reasons for his action. During the formulation of can. 682 §2, there was a proposal in coetus to include gravis iusta de causa. But the majority members proposed to suppress it and emphasized the ad nutum aspect of this removal. MR also verbally referred to the provision of ES I while speaking of the removal of the religious from an ecclesiastical office (MR 58). The general xxxx also prescribes that when an office is conferred upon someone in accordance with the provisions of law by the competent authority, this authority can remove that person from the office only for a just cause (can. 193 §3 CIC; can. 975 §2 CCEO). This just cause (iusta causa) for the removal might be serious misconduct or scandal, incompetency or overriding need of religious for a service elsewhere, or even within the religious institute. The xxxxxx does not need the consent to remove a religious from the office, which he can do with mere notification to the superior. In the same way, the religious superior with prior notice being given to the appointing authority can remove the religious from the office. The law does not require the consent of the either, nor does it mention the necessity of giving reason. However, it is prudent and must be mentioned in the agreement that the authority taking such action of removing the religious must give prior notice to the other authority. The appropriate time limit to issue such notification could be specified in the agreement.
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Related to Removal of a religious from the office

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