2.3. GUIDELINE OF REFLECTION ON JURIDICAL TOPICS OF GC28
The Rector Major and the General Council have established that, besides studying the capitular theme, GC28 will also deal with topics of juridical character referring to the Constitutions and General Regulations, the life of the Province and of local Communities.
Here below are listed nine specific topics on which Provincial Chapters can give their contribution. For each of them, normative references are also indicated: the Code of Canon Law, the Constitutions and General Regulations, the “Ratio fundamentalis”, the Deliberations of the General Chapters; there are also references to the official commentary to the Articles of the Constitution of the “Progetto di vita dei Salesiani di Don Bosco” (“Project of Life of the Salesians of Don Bosco” - PdV)[1] and some short precise references to ecclesial documents
For each topic, there are questions to which the Provincial Chapter will respond, referring to each point and using the appropriate form. It is necessary to respond to all questions. Brief answers are recommended, so as to allow an easier classification.
It is suggested that the Provincial Chapter have a Juridical Commission to draft an answer to the various topics to submit to the Provincial Chapter itself. This will facilitate the work of the Chapter and will not detract excessive time from reflection and exchange on the theme of GC28.
PROVINCE
1. Tasks of the Vice-Provincial
CIC can. 620; can. 134 §1; can. 618; can. 619
Const. 168; 167; 166; 164
Reg. 154
PdV 880-881
Situation
1.1. Are the tasks of the Vice-Provincial indicated in Const. 168 sufficiently clear?
1.2. Have any particular problems emerged in the exercise of his tasks?
1.3. If so, which ones?
Proposal
Are there any proposals concerning the specific tasks of the Vice-Provincial? If so, which ones?
2. Composition of the Provincial Council
CIC can. 627
Const. 164
Reg. 155; 160
PdV 878-882
GC23 244 - Ratio 247
Situation
2.1. Is the composition of the Provincial Council as indicated in Const. 164 satisfactory?
2.2. If not, why?
Proposal
2.3. Do you think that, besides the Vice-Provincial and the Provincial Economer, also the Provincial Delegate for Formation should by right be a member of the Council, as suggested in Ratio 247?
2.4. If so, why?
2.5. Do you think that, besides the Vice-Provincial and the Provincial Economer, also the Delegate for Youth Ministry should by right be a member of the Council, considering the importance of this Delegate as indicated in GC23 No. 244?
2.6. If so, why?
3. Offices, secretariats, provincial commissions
CIC can. 617; can. 618; can. 633
Const. 123; 124
Reg. 157,5; 160
PdV 815-822
GC23 244; Ratio 247
Situation
3.1. Considering the current praxis and what is indicated in Ratio 247 concerning the provincial commission for formation and in GC23 244 concerning the provincial team for youth ministry, do you consider the indication of Reg. 160, concerning “offices, secretariats and commissions of consultation and youth ministry at a provincial level” is enough?
3.2. If not, why?
Proposal
3.3. Are there any proposals in this regard? If so, indicate them briefly.
4. Exclusion of acquiring and holding real estates with the sole object of producing income, and every other kind of interest-bearing investment.
CIC can. 634; can. 635; can. 640; can. 1254; can. 1284
Const. 77; 187; 188,4
Reg. 59; 187; 188
PdV 909-914
Economia a servizio[2] nn. 14-15; 79; 84-85
Situation
4.1. Observing the current praxis, have any problems emerged concerning the request of paragraph two of Const. 187? If so, which ones?
4.2. Even in the case of absence of specific problems, are there any doubts on the interpretation of the second paragraph of Const. 187? If so, which ones??
4.3. Are there any problems concerning the economic and financial sustainability of single houses? If so, which ones?
4.4. In the case of a positive answer, how were these problems dealt with?
4.5. Are there any problems concerning the economic and financial self-sufficiency of the Province as a whole? If so, which ones?
4.6. In the case of a positive answer, how were these problems dealt with?
Proposal
4.7. Are there any proposals in this regard? If so, indicate them briefly.
In the questions there is a distinction between the economic scope and the financial one. There might be houses or provinces with a sustainable economic budget, but with an unsustainable financial budget, for instance because of the delay in cashing credits or because of excessive debts.
A distinction was also made on the theme of economic and financial sustainability of the houses, from the economic and financial self-sufficiency of the Province. The latter has diverse and distinct tasks: maintenance of the headquarter of the province and of provincial services, sustenance to formation houses, fees of the confrères under formation, extraordinary expenses, etc.
LOCAL COMMUNITY
5. Quantitative and qualitative consistency of the community
CIC can. 115,2; can. 602; can. 607 §2; cann. 608-611; can. 665 §1
Const. 49; 51;182
Reg. 20; 150; 181
PdV 408-411; 420-424 - CG24 173-174
Vita fraterna in comunità (Fraternal Life in Community)[3] 3; 55; 57; 64; 66
AGC 422, 25-36
Situation
5.1. Have any particular problems emerged to guarantee the quantitative and qualitative consistency of the communities? If so, which ones?
5.2. In the case of a positive answer, how were these problems dealt with?
5.3. Are there any aspects of the matter that require further clarifications? If so, which ones?
Proposal
5.4. Are there any proposals in this regard? If so, indicate them briefly.
6. Economer in the local community
CIC can. 636; can. 638 §2
Const. 179; 184
Reg. 183; 186; 194,3; 198-202
PdV 901-902
GC26, n. 121.
Situation
6.1. Have any difficulties emerged in applying Const. 179,1 and 184 that request that in every local community there be a religious economer as member of the local council? If so, which ones?
6.2. In the case of a positive answer, how were these difficulties dealt with?
6.3. Has to date the Provincial exerted the faculty foreseen in GC26 121 to appoint a lay person to fill the tasks of local administrator of the work? If so, in what percentage, compared with the total number of houses in the Province?
6.4. In the case of a positive answer, have any positive points emerged? Indicate which ones.
6.5. In the case of a positive answer, have any difficulties emerged? Indicate which ones.
6.6. Are there any aspects of the matter that require further clarifications? Indicate which ones.
Proposal
6.7. Are there any proposals in this regard? If so, indicate them briefly.
7. Legitimacy of the Rector – Local Economer
CIC can. 636 §1
Const. 55; 176
Reg. 172; 198-202
GC26, n. 121.
Situation
7.1. Are there in the Province Rectors who also fill the task of economer?
7.2. If so, in what percentage, compared with the total number of Rectors?
7.3. In the case of a positive answer, were any problems derived from the attribution of the tasks of local economer to the Rector? Indicate which ones.
7.4. Were any solutions adopted? If so, describe them briefly.
7.5. Are there any aspects of the matter that require further clarifications? If so, which ones?
Proposal
7.6. Are there any proposals in this regard? If so, indicate them briefly.
8. Council of the religious community and Council of the educative-pastoral community
Const. 47; 178-181
Reg. 5; 148; 180
GC24 156-161; 167-172
Situation
8.1. Is there, in the houses of the Province, the Council of the educative-pastoral community, formally created as indicated by CG24?
8.2. In the case of a positive answer, in what percentage compared with the total number of the houses?
8.3. In houses where the Council of the educative-pastoral community has been constituted, were any interferences noted with regard to the tasks that the Constitutions attribute to the Council of the religious community?
8.4. In the case of a positive answer, which ones?
8.5. Are there any aspects of the matter that request further clarifications? Indicate which ones.
8.6. Were any solutions adopted? If so, describe them briefly.
Proposal
8.7. Are there any proposals in this regard? If so, indicate them briefly.
9. Council of the House run by lay people under provincial responsibility
GC24 180-182
Situation
9.1. Are there in the Province any houses run by lay people under provincial responsibility?
9.2. If so, in what percentage compared with the total number of houses in the Province?
9.3. In the case of a positive answer, have any problems emerged in applying the request of CG24 180-181?
9.4. Are there any aspects of the matter that require further clarifications? Indicate which ones.
Proposal
9.5. Are there any proposals in this regard? If so, indicate them briefly.
[1] Il progetto di vita dei Salesiani di Don Bosco. Guida alla lettura delle Costituzioni salesiane, Roma 1986.
[2] CIVCSVA, Economia a servizio del carisma e della missione, Libreria Editrice Vaticana, Roma, 2018.
[3] CIVCSVA, La vita fraterna in comunità, Roma, 1994.
