Constitution of the Catholic Denominational Body of the Canton of St. Gallen (VKK) - Legal Status (VKK)

1. The Catholic Confessional Section of the Canton of St. Gallen is the community of Catholics of the Roman Catholic denomination organized according to the principles of the democratic constitutional state.

2. It is a public-law corporation.

3. It is divided into parishes.

1. The confessional party handles confessional affairs. It establishes prerequisites and provides assistance for the fulfillment of ecclesiastical tasks.

2. Matters purely related to church affairs are the responsibility of the ecclesiastical authorities.

3. Decisions require the agreement of confessional and ecclesiastical authorities where this constitution stipulates.

1. The legal relationship of the denominational part to the Diocese of St. Gallen is governed by the Diocesan Concordat.

2. The Diocese of St. Gallen is recognized as a public law legal entity.

1. The denomination collaborates with the diocese in pastoral tasks.

1. The denominational section collaborates with organizations of Catholics in Switzerland and abroad and promotes works that rely on the solidarity of Catholics.

1. The Religious Group Promotes the Preservation of Religious Peace and Cooperation Among Faith Communities.

1. The denomination section consists of Roman Catholic believers who reside in a St. Gallen church municipality.

2. Membership terminates when the church administrative council is notified in writing, with a certified signature, of the resignation from the Roman Catholic Church.

1. Eligible to vote and to be elected are, after reaching the age of 18, the Catholics of Roman Catholic denomination residing in a St. Gallen ecclesiastical community.

2. Voting rights and eligibility to be elected are otherwise appropriately governed by the provisions concerning voting and election rights in matters of the canton and the political municipalities.

1. The term of office for the confessional authorities is four years.

2. The term of office begins for the Catholic Collegium with the inaugural session, and for the other authorities on January 1st.

3. ...

1. Based on the tax sovereignty of the denominational section, the central tax and parish taxes are levied within the framework of the cantonal tax legislation.

1. The universally binding decrees of the denominational faction are published in a legal compendium.

1. Everyone has the right to submit petitions to the authorities.

2. The petitions will be reviewed and usually answered in writing.

1. The eligible voters elect the Catholic College.

2. They decide on referendum and initiative petitions.

1. The Constitution is subject to mandatory voting.

1. 3,000 eligible voters or one-third of the members of the assembly may request, via the process of an optional referendum, that a vote be held on

a) Decrees;

b) Expenditures according to the Decree on the Financial Budget.

2. The deadline for collecting signatures is 40 days.

3. Requests for a referendum must be submitted to the Administrative Council.

1. 3,000 eligible voters can request the amendment of this constitution or the enactment, amendment, or repeal of a decree.

2. The initiative request can be submitted as a simple suggestion or as a formulated draft. The college may bring a counter-proposal to a vote. Initiative requests for the total revision of this constitution are limited to the initiation of the procedure.

3. Initiative requests must be registered and submitted to the Board of Administration.

1. The provisions of cantonal legislation are applied accordingly to referendums and initiatives.

2. Referendum proposals and requests, as well as the registration and submission of initiatives, are announced in the cantonal official gazette, provided the denominational section does not have another publication outlet.

3. The Administrative Council decides on the admissibility of initiatives.

1. 300 eligible voters may submit a popular motion to the presidency of the college. The procedure corresponds to that for motions.

1. Elections for the college and votes on substantive proposals within the confessional part are conducted by ballot in the church communities.

2. By-elections for the college can be carried out during the term of office at the citizens' assembly or by the parliament.

1. The Collegium consists of 180 members.

1. Each parish with 600 or more Catholics constitutes an electoral district. Smaller parishes are combined with other parishes to form a single electoral district. Consideration must be given to the organization of pastoral care in this process.

2. Each electoral district elects as many members as corresponds to its proportion of the number of Catholic residents in all parishes. Each electoral district is allocated at least one member.

1. Substitute members may be elected in the electoral districts, provided the municipal regulations allow for it.

2. If a member leaves the council, the substitute member elected with the highest number of votes shall take their place.

1. In the election of the members and substitute members of the college, the absolute majority of the valid votes shall decide in the first ballot.

2. In the second ballot, the relative majority shall decide.

1. The college determines the validity of the election of its members.

2. It constitutes itself.

1. The council elects the members and the President of the Board of Administration.

2. It also appoints the bodies of institutions with independent powers, if a decree provides for it.

1. The Collegium Decides on Constitutional Amendments.

2. Amendments to the Constitution require the approval of the majority of the members of the Collegium in two readings, which must be at least three months apart.

1. The Collegium Issues Decrees. The form of a decree is required for generally binding regulations as well as the establishment of institutions with autonomous powers.

2. If contracts with ecclesiastical or state bodies or private organizations contain generally binding regulations or the creation of institutions with autonomous powers, they require the consent or authorization of the Collegium in the form of a decree.

3. Decisions of denominational and ecclesiastical bodies, which require mutual agreement, are established by a decree; this can only be amended or repealed with the consent of the Bishop.

1. The College decides, excluding the possibility of a referendum

a) detailed regulations concerning the constituencies of the College;

b) its rules of procedure.

1. The Collegium exercises the rights that are accorded to it by the diocesan concordat.

2. Contracts concerning the institutions of the diocese must be submitted to the Collegium for approval. They are concluded by the Administrative Council with the competent ecclesiastical authority.

1. The Board is entitled to

a) Determine the annual budget;

b) Approve the annual financial statement;

c) Set the tax rate;

d) Make resolutions in accordance with the decree on the financial budget.

1. The collegium is responsible for overseeing the administrative council while observing the separation of powers.

2. It requires the administrative council to report annually on its administration and may demand special reports.

3. The reporting by the administrative council also extends to the planning of future activities.

1. In the event of an emergency, the board shall take the necessary measures in the interest of the denominational part.

2. If the board is unable to convene, the administrative council shall act in its place.

1. The Administrative Council shall convene the college for a meeting at least once a year. Furthermore, it shall convene

a) at the order of the President of the College;

b) upon resolution of the College;

c) upon a written request by at least 40 members of the College.

1. The college meets publicly.

2. The provisions concerning the participation of the college in the election of the bishop remain reserved.

3. To protect important interests, the college may exceptionally exclude the public.

1. The members vote according to their oath and personal conviction.

2. They have the right to submit motions to the College and to address inquiries to the Administrative Council.

1. The business of the college shall be preliminarily discussed by committees from among its members.

1. The Board of Administration participates in the meetings of the college.

2. It is usually represented at the meetings of the preparatory commissions by a member.

1. The Administrative Board consists of seven members.

2. These cannot simultaneously belong to the college.

1. The Administrative Council submits proposals to the Board either on its behalf or on its own initiative concerning all matters for which the Board is responsible.

2. It ensures, through reporting and the provision of documents, that the Board can properly fulfill its duties.

1. The Board of Administration issues the necessary regulations for the implementation of legislative acts and the resolutions of the college.

2. It may issue supplementary provisions if it is authorized to do so by decree.

1. The administrative council directs the administration of the denominational part.

2. It executes the decisions of the college.

1. The Administrative Council represents the denominational part externally.

2. It concludes contracts with state and ecclesiastical authorities as well as with private individuals.

1. The Administrative Council manages the foundations and funds of the denominational part.

2. It supervises the administration of the foundations and funds of the church communities as well as other ecclesiastical foundations.

3. Excluded are foundations and grants intended for church authorities.

1. The Administrative Council acts as an appeal and complaint authority, as well as ex officio, overseeing the church communities.

1. The Board of Administration, in agreement with the Bishop, protects monasteries and other religious communities and supports them in matters that are not purely ecclesiastical. The monasteries may apply to the Board of Administration for the appointment of an advisor.

2. The monasteries Maria vom Guten Rat, Notkersegg, St. Gallen, St. Scholastika, Tübach, Maria Hilf, Altstätten, Maria Zuflucht, Weesen, Maria Loreto Berg Sion, Gommiswald, Mariazell, Wurmsbach, Bollingen, Maria der Engel, Wattwil, Magdenau, Wolfertswil, St. Katharina, Wil, St. Gallenberg, Glattburg, and Oberbüren are regarded as public-law corporations in matters that are not purely ecclesiastical and are under the supervision of the Board of Administration. This supervision is appropriately governed by the regulations concerning the church communities.

1. The Administrative Council supports the Episcopal Ordinariate in fulfilling its duties.

2. Upon request, it mediates in disputes between parish and church bodies.

1. The Board of Administration advocates for the free practice of the Catholic faith within the framework of freedom of belief and conscience and the freedom of worship.

2. It grants protection to clergy and laypersons serving in the church in the fulfillment of their ecclesiastical duties.

1. The Administrative Council elects the Administrative Director of the denominational section.

2. The Administration conducts the administrative affairs of the College and the Administrative Council under the designation "Catholic Administration."

3. The Administrative Council may delegate administrative tasks to it for independent fulfillment.

1. The denominational section is responsible for the following institutions

a) St. Gallen Cathedral;

b) St. Georgen Seminary;

c) St. Gallen Abbey Library;

d) Catholic Cantonal Secondary School of St. Gallen;

e) ...

f) Swiss Institute of Pastoral Sociology;

g) Pension Fund for the Diocese of St. Gallen;

h) Diocesan School of Church Music St. Gallen.

2. The denominational section jointly bears responsibility with the canton for the Abbey Archive of St. Gallen.

3. The denominational section jointly bears responsibility with the Bishop for Caritas St. Gallen.

4. The college may, by decree, establish additional institutions or involve the denominational section in them.

1. The ordinary administration of the Cathedral of St. Gallen is the responsibility of a commission composed of representatives from the Administrative Council, the Church Administrative Council of St. Gallen, and the Bishop.

2. The detailed regulations are to be agreed upon, after consultation with the Bishop, between the Administrative Council and the Church Administrative Council of St. Gallen and must be approved by the college.

1. The Administrative Council manages the St. Georgen Seminary.

1. The Board of Administration issues the Library Regulations of the Abbey Library of St. Gallen and elects the Library Commission.

1. Board of Directors and Government Agree on Joint Management of the St. Gallen Abbey Archive.

1. The Administrative Council issues the school regulations of the Catholic Cantonal Secondary School St.Gallen and elects the School Board.

1. The Collegium issues the statute of the Swiss Institute of Pastoral Sociology as a decree.

1. The Collegium issues the statute of the Pension Fund for the Diocese of St. Gallen as a decree.

2. The denominational section assumes the guarantee for the fulfillment of the statutory benefits.

1. Caritas St.Gallen is a joint institution of the Diocese and the Confessional Section. The Bishop and the Administrative Council agree on its tasks and organization.

1. The Administrative Council issues the school regulations of the Diocesan School of Church Music St. Gallen and appoints the School Commission; one member is designated by the Bishop.

1. The parish is a public-law corporation.

2. It includes the Roman Catholic believers residing in its area.

1. The parish fulfills local duties.

2. It is also responsible for regional duties, insofar as these have not been exceptionally assumed by the denominational body.

3. The denominational body may entrust the parishes with the execution of its decrees.

1. The parish is autonomous within the framework of the legislation of the canton and the denominational part.

1. The college shall regulate the financial equalization among the church congregations by decree.

2. The purpose of the financial equalization is

a) to avoid excessive burdens on church congregations;

b) to reduce disparities in the financial capacity of the church congregations;

c) to provide the necessary resources to the church congregations.

1. The existence of the parishes can be altered

a) by merger based on resolutions by the citizens at the ballot box;

b) by decree.

2. The Administration Council shall consult the Bishop before approving a merger resolution or proposing a decree to the assembly.

1. Adjacent parish communities may alter their boundaries through agreement. The agreement must be approved by the citizenry. To be valid, it requires the approval of the Board of Administration, which shall first consult the Bishop.

2. The Board of Administration may, after consulting the Bishop, order changes to boundaries if required by the pastoral care in the parishes or the administration of the parish communities. Affected parish communities and individuals may appeal the decision of the Board of Administration to the College within 30 days.

1. The Responsibilities of the Citizenry

a) the enactment of the municipal code and other generally binding regulations;

b) the election of the church administrative council and its president, as well as the audit commission;

c) the election of the pastor;

d) ...

e) the acquisition and disposal of real estate property;

f) the construction, renovation, and demolition of buildings;

g) the establishment of permanent facilities of the church congregation;

h) the resolution on the budget and tax rate of the church congregation;

i) the approval of the annual financial statement, including the management of the congregation's funds and foundations;

k) the approval of agreements on cooperation with church congregations, other communities, and private organizations.

2. The municipal code may assign the enactment of generally binding regulations and the conclusion of agreements to the church administrative council.

**1. The following provisions apply to the election of the pastor:**

a) A vacant pastoral position is generally to be filled within six months. The administrative council may extend this period for important reasons in agreement with the bishop.

b) The citizenry elects the pastor, who is proposed to them by the church administrative council according to the bishop's suggestion.

c) If the citizenry does not elect the candidate or elects invalidly, the administrative council may, in agreement with the bishop, order a second round of elections. If no agreement is reached, the bishop appoints the pastor.

d) In church communities with multiple parishes, the right to elect the pastor is exercised by those eligible to vote in the parish with the vacant position. The municipal code may provide that in church communities with a parliament, the pastor election is exercised by the parliament.

**2. In case of a shortage of priests, the necessary regional organization of pastoral care, or other extraordinary circumstances, the administrative council may, in agreement with the bishop, provide for deviations from the ordinary pastor election. In individual cases, the church administrative council must be consulted.**

1. The Church Administrative Council consists of at least three members.

2. The pastor participates in the meetings with an advisory vote and the right to propose motions; he may be represented by a pastoral caregiver with episcopal appointment.

3. If a parish includes multiple congregations, the parish ordinance determines who represents the congregations with an advisory vote.

1. Responsibilities of the Church Administrative Council

a) the election of chaplains, vicars, other priestly staff, and deacons upon the bishop's proposal;

abis) the election of pastoral assistants and full-time catechists upon the bishop's proposal;

ater) the election of the members of the pastoral team upon the bishop's proposal;

b) the election of additional staff members;

c) the preparation of matters for the citizenry and the execution of their resolutions;

d) the administration of the parish, including the assets of funds and foundations;

e) the representation of the parish externally.

1. The Church Administration Council supports the pastor and the other pastoral workers in the fulfillment of their duties.

2. It collaborates with the Parish Council and parish organizations.

1. The municipal code establishes the organizational structure of the church community within the framework of cantonal legislation.

2. It contains detailed provisions regarding organization and competencies and may, within the framework of legislation, delegate powers of the citizenry to the parliament and the church administrative council.

1. The parish communities may enter into agreements with one another regarding

a) Cooperation in pastoral care and administration;

b) Creation and utilization of facilities;

c) ...

d) Formation of municipal associations.

2. They may also cooperate with other public entities and private organizations.

3. The agreements must be submitted to the Administrative Council.

1. The parishes are obliged to cooperate when pastoral care in the parishes or the administration of the church congregations requires it.

2. Cooperation may be mandated by decree in individual cases.

3. In urgent cases, the administrative council shall issue an order limited to a maximum of three years.

1. The parish congregations are subject to the supervision of the Board of Administration.

1. The approval of the Administrative Council is required for

a) the municipal constitution and other generally binding regulations, as well as agreements approved by the citizenry;

b) acquisition and disposal of real estate from the administrative assets; disposal is equated with a significant depreciation resulting from the voluntary assumption of permanent obligations or from the waiver of rights;

c) construction, renovation, and demolition of buildings belonging to the administrative assets;

d) disposal, destruction, or substantial alteration of objects of historical, artistic, or scientific value;

e) other resolutions of the church community, insofar as decrees of the college require approval.

2. The Administrative Council examines the legality and, in the cases of paragraph 1, letters b, c, and d, also the appropriateness.

3. The Administrative Council may provide exceptions to the approval requirement through regulations.

1. Insofar as the legislation of the denominational part does not contain a provision, the regulations of cantonal law shall be applied accordingly.

2. The Administrative Council may issue regulations that deviate from cantonal regulatory law without special authorization.

1. The Organization of the Catholic Confessional Part of the Canton of St. Gallen of October 3, 1939 is abolished.

1. The generally binding regulations issued based on the previous organization of the religious denomination shall remain in force insofar as their content does not contradict this constitution.

2. However, they shall cease to have effect eight years after the commencement of enforcement of this constitution if they do not comply with its provisions regarding jurisdiction and procedure. Exempt from this is the regulation concerning the participation of the Catholic Grand Council's College in the election of the bishop dated February 18, 1846.

1. The parishes must establish a municipal code by April 30, 1983, at the latest, or adapt their existing municipal code to this constitution.

2. In the meantime, the provisions of the previous municipal codes and prior municipal resolutions shall continue to apply, insofar as they do not contradict this constitution.

3. The Catholic Parish of St. Gallen may maintain its existing organizational form even after the entry into force of this constitution, as long as the council does not decide to repeal the special regulation by decree.

1. No new chapel cooperatives may be established.

2. The provisions of this Constitution concerning parish communities shall apply mutatis mutandis to the existing chapel cooperatives.

3. A chapel cooperative may dissolve itself by resolution of its citizenry, provided that the transfer of its rights and obligations to the parish community to which it belongs has been settled by agreement.

4. If the proper administration of a chapel cooperative can no longer be ensured, the administrative council shall decree its dissolution after hearing the cooperative.

1. This Constitution shall come into effect on July 1, 1980.

1. This constitution, along with the decree concerning resolutions of religious and church bodies requiring approval, is subject to an optional referendum.

2. The constitution and decree are subject to a popular vote if one-third of the members of the Catholic College demand a referendum immediately after the final vote, or if 4,000 eligible voters request it within 30 days.

3. The constitution attains the force of law with the sanction of the Grand Council.