Ad nutum
The addition ad nutum (“on instruction”, from Latin nutus “wink, request, consent”) means in Roman Catholic church law that a management task is transferred until revoked. The higher authority has the right, at its prudent discretion, to remove a public official from his office at any time; however, the decision requires a just cause. This usually applies to offices that are assigned for a limited period of time, in some cases also to open-ended offices, and may also include officials elected or proposed by others.
In the Codex Iuris Canonici of the Roman Catholic Church of 1983, the revocable commissioning is regulated as follows, but without the term ad nutum :
"Ab officio quod, secundum iuris praescripta, alicui confertur ad prudentem discretionem auctoritatis competentis, potest quis iusta ex causa, de iudicio eiusdem auctoritatis, amoveri.
An office given to one under the law, in the prudent discretion of the competent authority, may be removed for a just cause by the judgment of that same authority. "
Ad nutum , the reservation of free withdrawal is only mentioned in one place in the current Codex Iuris Canonici :
"Religiosus ab officio commisso amoveri potest ad nutum sive auctoritatis committentis, monito Superiore religioso, sive superioris, monito committente, non requisito alterius consensu.
The Order members can for their allocated duties freely dismissed, and that on the instructions of both the authority that has appointed to the post after the regular Superior has been informed and the Upper after the office transferred authority has been informed; the consent of the other is not required. "
Offices that are subject to this reservation are:
- Apostolic administrators by the Pope or the Holy See ( ad nutum Sanctae Sedis )
- Vicars General and Episcopal Vicars by the Diocesan Bishop (c. 477 § 1)
- Chancellor and other notaries by the diocesan bishop (c. 485)
- Dean by the diocesan bishop (c. 554 § 3)
- Parish vicars by the diocesan bishop or the diocesan administrator (c. 552)
- Church rectors by the local ordinary (c. 563)
- Members of the order (c. 682 § 2), such as superior ad nutum , abbots by the abbot general ( ad nutum Abbatis Generalis ) or abbot primate .
See also
literature
- Georg May : Ad nutum . In: Walter Kasper (Ed.): Lexicon for Theology and Church . 3. Edition. tape 1 . Herder, Freiburg im Breisgau 1993, Sp. 125 .