The Scope of the Legislative Power of the Conference of Bishops

According to Can. 455 of the Code of Canon Law, a conference of bishops may issue general decrees only in cases where universal law has prescribed it or a special mandate of the Apostolic See has established it. In cases in which neither universal law nor a special mandate of the Apostolic See has granted the power to issue general decrees, the competence of each diocesan bishop remains intact, nor is a conference or its president able to act in the name of all the bishops unless each and every bishop has given consent. The purpose of the article is to analyse the legislative competence of the conference of bishops, which is provided for by the universal legislator. Therefore, the subject and the procedure of general decrees, which are laws, issued by the conference of bishops were analyzed first of all. The scope of the research is international because the Code of Canon Law applies to the Catholic Church, which is not bound by a specific territory.

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Publication Details

Journal
Studia Iuridica Lublinensia
Published
2024-12-23
DOI
https://doi.org/10.17951/sil.2024.33.4.189-198
Primary Topic
Theology and Canon Law Studies
Type
article
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article

The Scope of the Legislative Power of the Conference of Bishops

Mirosław Sitarz
Studia Iuridica Lublinensia
Theology and Canon Law Studies
article

The Scope of the Legislative Power of the Conference of Bishops

Mirosław Sitarz
article en

Abstract

According to Can. 455 of the Code of Canon Law, a conference of bishops may issue general decrees only in cases where universal law has prescribed it or a special mandate of the Apostolic See has established it. In cases in which neither universal law nor a special mandate of the Apostolic See has granted the power to issue general decrees, the competence of each diocesan bishop remains intact, nor is a conference or its president able to act in the name of all the bishops unless each and every bishop has given consent. The purpose of the article is to analyse the legislative competence of the conference of bishops, which is provided for by the universal legislator. Therefore, the subject and the procedure of general decrees, which are laws, issued by the conference of bishops were analyzed first of all. The scope of the research is international because the Code of Canon Law applies to the Catholic Church, which is not bound by a specific territory.

Studia Iuridica LublinensiaVol. 33(4)
John Paul II Catholic University of Lublin (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Theology and Canon Law Studies
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