Impeachment (Canon Law)

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Catholic Church

The impeachment ( amotio ) is a form of the termination of office in canon law . It is carried out against the will of the incumbent and is a disciplinary measure , not a church punishment.

Ex officio an impeachment is to be carried out in the case of loss of the clerical status , in the case of apostasy from the Catholic faith or in the case of clerics who have tried to enter into a marriage , even if it is only a civil marriage . So Pope Benedict XVI. In 2011 the Australian Bishop William Morris resigned because he had considered ordaining women or married men to priests, Pope John Paul II the Bishop of Évreux Jacques Gaillot in 1995, after he had opposed the teaching of the Church several times and spoke out in favor of the recognition of same-sex couples, or Pope Francis had the Argentine Bishop Rogelio Ricardo Livieres Plano .

Resignation from office is one way of anticipating removal from office.

The impeachment must be communicated in writing.

The CIC basically regulates the following regarding removal from office:

Can. 193
§ 1. An office that has been entrusted to someone for an indefinite period of time can only be removed for grave reasons and in compliance with the procedure established by law.
§ 2. The same applies so that a person can be relieved of an office which has been entrusted to him for a fixed period before the end of this period, without prejudice to the prescript of can. 624, § 3.
§ 3. An office conferred upon a person according to the law, at the prudent discretion of the competent authority, can be removed for a just cause after the judgment of the same authority.
§ 4. In order for the decree of removal from office to have legal effect, it must be communicated in writing.

Can. 194
§1. A church office is removed by law:
1) who has lost the clergy;
2) who has publicly apostatized from the Catholic faith or from the fellowship of the Church;
3) a cleric who has attempted marriage, even if civilly.
§ 2. The in nn. Removal from office referred to in 2 and 3 can only be asserted if it is established on the basis of a declaration by the competent authority.

Protestant church

The removal from office of the Protestant Church is regulated in a disciplinary law.

See also

literature

  • Hermann J. Huber: The impeachment of pastors until Vatican II. Salzburg 1974

Individual evidence

  1. ↑ Pope Benedict XVI. removes bishop from office: Question of the ordination of women and the ordination of married men as trigger of the conflict Forum World Church, accessed on February 22, 2017
  2. ^ Suspended Bishop Gaillot at Pope Francis Radio Vatican , September 1, 2015
  3. ↑ Vatican specifies norms for the resignation of bishops: Offering the Pope the resignation from office domradio.de , November 6, 2014
  4. ↑ Codex of Canon Law in the version of the MP Omnium in mentem of October 26, 2009, Can. 192-195
  5. ↑ Disciplinary Act of the Evangelical Church in Germany (DG.EKD) of October 28, 2009 (ABl. EKD p. 316, 2010 p. 263), §§ 14-16
  6. ↑ Traugott Schall: A pastoral psychological analysis: Goodbye, freedom of proclamation and pastoral care! Deutsches Pfarrerblatt 10/2014