Preamble
The Church of Christ, the One, Holy, Catholic and Apostolic Church
The Church governance according to the Code of Canon Law is concerned with order, discipline, structures, rules and procedures at both the universal and particular Churches. These laws which are pastorally motivated are made for the salvation of souls (can 1752) and directed by those in law that have the power of governance or jurisdiction in the Church i.e. Clerics, Religious and laity (cann 129, 207). The Code clearly show that the administrative coordination in the diocese rests on the diocesan Bishop (cann 394; 473, §§1 & 2) but always in cooperation with personnel and organs of diocesan governance.
Statement of the Problem
The New Code is clear on the juridical authority of the diocesan Bishop and the required offices and organs of collaboration in diocesan governance. In some dioceses, there are noticeable shortcomings in functioning, especially as it concerns the designation of persons and specification of organs that direct the affairs of the diocese.
The Diocesan Curia according to the new Code is the principal instrument and an effective auxiliary to the diocesan Bishop’s exercise of his power of governance over the entire diocese (can 469). The nature of the persons placed in the both obligatory and optional offices, the accurate specification and designation of the chains of command for those offices and organs are important to the effective functioning of the diocese towards accomplishment of its mission.
Diocesan Churches make effort to respond positively to the demands and dispositions of the legislation in the constitution of offices and organs of diocesan governance, but the result is often very far from ideal. For instance, in some places norms establishing the competences and chains of command/organizational lines of authority among curial personnel and organs are lacking; often we experience situations of contrary provisions to the Code, which appears to indicate lack of adequate knowledge on the demands of Church legislations as in the instances of diverse designations, confusing titles, mixed responsibilities, improper procedures, empowering of subordinates, loading a few with too many assignments, appointments unrelated to areas of specialization and those with specialized formation not given assignments in their field of specialization, and incompatible offices.
An inquiry into the administrative co-ordination in the diocesan curia becomes pertinent as a way to ensure stability and order in the administration of the diocese as demanded by the new legislation.
Purpose of the Work
This is essentially a canonical production that undertakes administrative, pastoral, expository and analytical approaches to legislative provisions in the new Code.
Some diocesan Churches especially in Africa are still young and missionary territories. They are still in the process of receiving the teachings of Second Vatican Council and the New Code of Canon Law. In the light of this, our effort is to expose the identity and competence of the personnel, offices and organs in diocesan governance. The thesis is to demonstrate that the Canonical provisions is bereft of conflict of competences and that the need of diocesan Churches will be to appreciate better these provisions and decide for its implementation for the required effective co-ordination in diocesan governance.
Scope of the Work
This thesis is limited to the diocesan Church of the Latin rite governed by the 1983 Code of Canon Law. It draws materials especially from the teachings of Magisterium in highlighting the issues related to provision, constitution, and proper competences of both offices and organs in the administrative co-ordination of diocesan curia.
Division of the Work
The work is divided into three chapters with general introduction and conclusion.
In Chapter one, we present the constitutional foundation of the diocesan governance, highlighting the nature of the Church especially as the People of God and Communion, and locating the diocese as a public juridic person in law within the universal Church. Issues related to the jurisdictional authority of the diocesan Bishop in the diocese or particular Church, the nature of administration and the principles that should guide the administration of the diocesan Church, are also treated in this chapter.
Chapter two examines the identity and jurisdictional competences of diocesan curia personnel and organs. This is considered a necessary consequence of canon 145 paragraph two that calls for the definition of both duties and rights of these ecclesiastical offices. We discuss these offices from the perspectives of history, central office, temporal goods, judicial and consulting organs. These are really essential in any administrative coordination agenda.
Chapter three considers the central position of the diocesan Bishop in this project and the program of coordination, bringing out essential personnel issues and consultation dynamics. The Chapter concludes with the diocesan status and link beyond its territorial frontiers.
