Missio canonica

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Example of a missio canonica for religious instruction, issued by Johann Weber , diocesan bishop of the Graz-Seckau diocese , September 4, 1985

The missio canonica (also: ecclesiastical commission ) in the Roman Catholic Church is the commissioning of preaching and teaching tasks - specifically, on the one hand, the pastoral care commission for a priest and, on the other hand, the permission to teach as a Catholic religious teacher in schools or as a university teacher in theological Faculties .

Meaning and content

The Missio canonica is in the CIC can. 805 regulated. It is accompanied by a declaration of no objection, the so-called nihil obstat , issued by the relevant church authority.

With the application for the Missio canonica , the religion teacher promises to give religious instruction in accordance with the teaching of the Catholic Church. According to the resolution of the Synod of the German Dioceses of 1974, religion teachers must “observe the principles of the teaching of the Catholic Church in their personal conduct”. The willingness, based on baptism and confirmation , to take on the school service in Christian responsibility is expected . In the case of married people, the church marriage and the Catholic baptism of the children are required. During the preparatory service ( legal clerkship ), a provisional teaching permit will be issued upon request. The Missio canonica is withdrawn when leaving the church .

If the owner of the Missio canonica falls away from faith and, contrary to his promise, spreads a doctrine that does not correspond to that of the Roman Catholic Church ( heresy ), the Missio canonica will be withdrawn from him by the responsible bishop after a corresponding doctrinal complaint procedure .

The pastoral service of a parish officer is a church office i. S. v. can. 145 CIC and according to can. 228 § 1 CIC of the missio canonica. The activity of a parish officer is not just a temporary service, a mere "munus", but a permanent service to fulfill a spiritual purpose. According to can. 145 § 1 CIC be transferred by a competent authority and empower the called to act in the name of the church. The episcopal mandate emphasizes the activity of a parish officer beyond the capacity granted to every Catholic.

With the withdrawal of the canonical commission, a community officer is permanently unable to perform the contractually agreed work of a community officer. This means that the job as a municipal officer is no longer applicable and, depending on the specific circumstances, a personal change notice or a termination notice can be considered. According to the state employment protection law (§ 1 KSchG or § 2 KSchG), these can be checked for their effectiveness by the state court for labor matters if - as is usually the case - the diocese concerned avails itself of private autonomy to establish employment relationships.

See also

literature

  • Winfried Löffler: Missio Canonica and Nihil Obstat. Ways of legal protection in the event of a conflict . In: Konrad Breitsching, Wilhelm Rees (Hrsg.): Tradition - wayfinding into the future . Festschrift for Johannes Mühlsteiger SJ for his 75th birthday (= canonical studies and texts. 46). Duncker & Humblot, Berlin 2001, ISBN 3-428-10489-7 , pp. 429-462.

Web links

Individual evidence

  1. ↑ See BAG, judgment of April 10, 2014 - 2 AZR 812/12 [1] = NZA 2014, 653 passim
  2. ↑ BAG, judgment of April 10, 2014 - 2 AZR 812/12 - Rn. 32 [2] = NZA 2014, 653
  3. ↑ BAG, judgment of April 10, 2014 - 2 AZR 812/12 - Rn. 44 [3] = NZA 2014, 653