Catholic Church Act (CCA) (LCCATT)

1 The Roman Catholic Apostolic Church in the Canton of Ticino is a public law corporation within the limits established by the Constitution and laws.

2 It comprises the Diocese, the Parishes, and other institutions or ecclesiastical entities erected by the Ordinary, Bishop of Lugano.

The conditions for membership in the ecclesiastical, cantonal, and local corporations are established by the ecclesiastical statute, which likewise sets out the procedures for withdrawal within the limits of Article 15 of the Federal Constitution.

1 Every person belonging to the Roman Catholic Apostolic Church, resident for at least 3 months in a Municipality of the Canton, who has completed 16 years of age, has not declared their exit from the Catholic Church, and is registered in the parish catalog, exercises the right to vote and to be elected in ecclesiastical matters. Such person exercises these rights in the Parish where they reside.

2 The Municipality shall provide the Parish, free of charge, with the necessary data concerning persons for the purpose of compiling the parish catalog.

1 The Diocese has public legal personality and is governed by the Ordinary.

2 The Ordinary freely exercises his spiritual ministry within the Diocese at the level of worship, teaching, and jurisdiction.

1 The Ordinary exercises oversight over all matters pertaining to the life of the Catholic Church in the Canton of Ticino, and in particular supervises ecclesiastical entities and assets.

2 He is recognized as competent to erect, transform, unite, and suppress Parishes. The decision is made after hearing the interested Parish Assemblies.

1 The Diocese provides for its own financing through

a) the collection of fees for administrative services;

b) the proceeds derived from the administration of the Diocese's assets;

c) grants and donations from third parties to the Diocese;

d) the participation quotas of the Parishes;

e) subsidies and contributions from public bodies.

2 The ecclesiastical statute governs the financial management of the Diocese and, in particular, the participation of the Parishes in its financial administration through the establishment of a Financial Commission.

3 The composition, functions, and competences of the Financial Commission are regulated by the statute. At least half plus one of its members are elected by the delegates of the Parishes, appointed in accordance with Article 14 letter a).

4 The Diocese is obliged to make its accounts public annually.

[2] The public prosecutor shall notify the Ordinary, as soon as possible but at the latest within three months from the opening of the investigation, of the existence of criminal proceedings against an ecclesiastic, with the exception of cases without relevance to the function.

[2] Art. amended by L 4.6.2012; in force since 10.8.2012 - BU 2012, 363.

1. The Parish is a public law corporation endowed with public law legal personality.

2. The territorial jurisdiction corresponds, as a rule, to the political municipality, except in cases for which the Ordinary, in accordance with Art. 5 para. 2, has disposed otherwise.

1. The Parish Priest carries out his ministry in the Parish in which he is appointed, according to the provisions of the Ordinary.

2. In the exercise of these functions, the Parish Priest avails himself of the collaboration of the parochial bodies.

The designation of the Parish Priest falls to the Ordinary, and his appointment is the responsibility of the Parish Assembly.

In the event of a vacant parochial office, the Ordinary shall make an interim provision by designating a Parochial Administrator.

For the sustenance and remuneration of the Parish Priest or the Parochial Administrator, the Parish takes into account the provisions of the Ordinary.

The Parish Assembly is composed of persons belonging to the Roman Catholic Apostolic Church who meet the requirements under Article 3 of this law.

The Parish Assembly, by popular vote

a) appoints, every four years in the month of April, on a date fixed by the Ordinary, the Parish Council and the delegates of the Parish as defined by the ecclesiastical statute;

b) appoints the Parish Priest.

The Parish Assembly, in a public session

a) adopts the parish regulations;

b) approves the provisional and final accounts and, if foreseen, determines the financial need for the collection of the church tax;

c) authorizes investment expenditures;

d) decides on the alienations, exchanges, surface rights, and changes of use of parish assets;

e) decides on modifications or renovations of places of worship and their related furnishings;

f) authorizes the Parish Council to appear in court, settle, compromise, waive litigation, subject to administrative procedures;

g) authorizes the Parish Council to contract loans or other obligations against parish assets;

h) appoints the Management Commission;

i) expresses its opinion in the case of Art. 5 para. 2 of the present law.

1. Decisions are made by a majority of voters; abstentions are not counted among the voters, nor are blank ballots in secret votes.

2. For the validity of the decisions referred to in letters d), e), f) and g) of Article 15, an absolute majority of those present and the consent of the Ordinary are required.

3. The implementing regulation governs the procedure for convening and holding the Parish Assembly.

1 The Parish Council is the executive and administrative body of the Parish.

**2 It consists of 3 to 7 members appointed from among those registered in the parish catalog.**

**3 The Parish Priest or the Parish Administrator are ex officio members.**

**4 Where customary, or when the Municipality pays a congrua or other contribution to the Parish, the Municipal Council may designate one of its representatives to the Parish Council.**

The Parish Council, in the administration of the Parish, particularly exercises the following functions

a) convenes the Assembly and determines its agenda;

b) proposes to the Assembly matters within its competence for decision and oversees their execution;

c) presents the annual accounts to the Assembly and establishes, if applicable, the rate of the church tax;

d) prepares and updates the parish register;

e) administers parish assets and the assets of parish bequests, with the exception of those burdened with Mass obligations managed by the Diocese;

f) provides for the organization and preservation of the parish archive;

g) provides for the restoration and maintenance of assets owned by the Parish and approves the execution of related works by third parties;

h) represents and protects the interests of the Parish towards third parties, including administrative procedures;

i) elects its President and Vice-President from among its members;

l) appoints, even from outside its members, the secretary, the treasurer; after consulting with the Parish Priest, it also appoints the sacristan and establishes the relative specifications.

1. Parish assets include movable and immovable property currently registered in the name of the parish benefice or prebend, or belonging to the parish church, as well as proceeds from donations, bequests, and public or private acts of generosity in favor of the Parish and its activities.

2. Sacred assets (buildings designated for worship, oratories, sacred furnishings, sacred vestments) are placed under the supervision of the Ordinary. These may not be suppressed, expropriated, alienated, mortgaged, or allocated to another use without his consent.

The Parish provides for its own financing through

a) the collection of fees for administrative services;

b) subsidies and contributions from public bodies, as well as contributions from the Municipality, in any form, arising from agreements, contracts, or customary obligations;

c) the fruits deriving from the administration of its own assets;

d) gifts and donations from third parties;

e) the church tax, if provided for by the parish regulations, according to the procedures of legislative decree of 10 November 1992.

The legal personality of ecclesiastical entities established by the Ordinary with their own statutes and regulations is recognized.

1 An independent Appeals Commission shall be established, appointed by the Council of State upon proposal of the Ordinary.

2 Unless otherwise provided by law, the Commission shall be competent to decide on

a) appeals against decisions and regulatory acts issued by the Diocese, parishes and other ecclesiastical institutions or bodies established by the Ordinary;

b) disputes between the Diocese, parishes and other ecclesiastical institutions or bodies established by the Ordinary. [3]

2bis Decisions of the Appeals Commission may be appealed to the Cantonal Administrative Court. [4]

3 The Administrative Procedure Act of 24 September 2013 shall be applicable. [5]

4 The organization and functioning of the Commission shall be determined by the Council of State. The members of the Commission shall be entitled to the allowances referred to in Article 3 of the Magistrates' Remuneration Act.

[3] Para. amended by Act of 16.9.2024; in force since 1.1.2025 - BU 2024, 318.

[4] Para. introduced by Act of 16.9.2024; in force since 1.1.2025 - BU 2024, 318.

[5] Para. amended by Act of 16.9.2024; in force since 1.1.2025 - BU 2024, 318; previous amendment: BU 2013, 480.

1 The Council of State issues implementing regulations for this law.

2 It particularly regulates the keeping of parish registers and, after consulting the competent bodies, the use of sacred buildings and bells for non-liturgical purposes.

3 The Diocese issues the ecclesiastical statute, which will also establish democratic management and control bodies, and submits it to the Council of State for ratification.

1 Within five years of the entry into force of the present law, the Diocese shall issue the ecclesiastical Statute pursuant to Articles 6 and 23. The Parishes shall proceed to draw up a regulation, and where one already exists, to adapt it in those parts that are in conflict with the law.

2 Within the same period, agreements, customs, and any other contractual form existing between the Parish and the Municipality must be brought into conformity with the present law.

3 The administration of all parochial benefices indicated in Article 19 shall be incorporated into the administration of the Parish within five years of the entry into force of the present law. The following remain reserved

a) the rights of the Chapters;

b) the rights pertaining to chaplaincy assets or those subject to *juspatronatus* until their destination is defined by the Patrons and the Ordinary.

The Law on the Freedom of the Catholic Church and on the Administration of Ecclesiastical Property of January 28, 1886, is repealed.

1 After the expiry of the time limits for exercising the right of referendum, this law shall be published in the Official Gazette of Laws and Executive Acts of the Canton Ticino.

2 The Council of State shall establish its date of entry into force. [6]

Published in OG 2004, 429.

[6] Entry into force: 1st January 2005 - OG 2004, 433.