Diocesan Statute

Diocesan Statute

**(November 11, 2004)**

**Preamble**

in application of Articles 2, 6, and 23 of the Law on the Catholic Church of December 16, 2002,

considering the opportune occasion to reassert the binding nature of the ecclesiastical structures provided by the Code of Canon Law, active within the reality of the Diocese of Lugano,

bearing in mind the primacy of personal conscience in religious and ecclesial matters,

holding that not a mere human law, but rather ecclesial, personal, and communal service, is decisive for the pastoral vitality of a particular Church, to which administrative and financial activities are directed,

the Bishop of Lugano, with the assent of the faithful clergy and laity, represented by the diocesan pastoral and presbyteral councils, issues the present

**Diocesan Statute:**

**I. Introductory Norms**

**Legitimacy**

1. The Ecclesiastical Statute regulates what the Law on the Catholic Church entrusts to it, in compliance with Article 15 of the Federal Constitution and the canonical laws.

**Scope of Activity**

2.1 The Statute governs the relationships between the faithful and ecclesiastical entities, and among the ecclesiastical entities themselves, within the territory of the Diocese of Lugano, within the limits established by the Law on the Catholic Church and the Code of Canon Law.

2 In particular, it sets forth the norms for the financial management of the Diocese of Lugano and establishes the participation of the Parishes in the diocesan financial administration, through the establishment of a Financial Commission, as provided by Article 6 of the Law on the Catholic Church.

**Ordinary**

3. The term Ordinary refers to the diocesan Bishop, the Vicar General, and the Episcopal Vicar, for the duties delegated to the latter, in conformity with canon 134 CIC. In case of a vacant see, the Ordinary is the Diocesan Administrator (cf. canon 421).

**II. Subjects and their Rights and Duties**

**Membership**

4. Every member of the Catholic Church residing in the territory of the Diocese of Lugano belongs to the cantonal ecclesiastical corporation as a faithful.

**Withdrawal from the Ecclesiastical Corporation**

5.1 A faithful who intends to withdraw from the ecclesiastical corporation must give written notice to the Parish Council of their own Parish.

2 With the declaration of withdrawal, the person is released from all rights and duties towards the ecclesiastical corporation.

**Readmission**

6. A person who has withdrawn from the ecclesiastical corporation may at any time request readmission.

**Rights and Duties**

7.1 All faithful participate in the life of the Church in accordance with canons 208-223 (rights and obligations of all the faithful) and canons 224-231 (rights and obligations of the lay faithful).

Here are recalled

a) the right and duty to manifest to the competent authority their thought on matters concerning the good of the Church (cf. canon 212 § 3);

b) the right to promote and sustain pastoral activity, also with their own initiatives (cf. canon 216);

c) the obligation to provide for the financial needs of the Church and to promote social justice (cf. canon 222 § 1 and § 2);

d) the obligation to take into account, in the exercise of their rights, the common good of the Church, as well as the rights of others and their own duties towards others (cf. canon 223 § 1).

2 Furthermore, the lay faithful collaborate with the clergy at the parish and diocesan levels for the proper functioning of pastoral, administrative, and financial activities in favor of the local ecclesiastical community.

**III. Financial Management of the Diocese**

**Principles**

8. Financial management is governed by the principles of

a) financial balance: accounts must be balanced in the medium term;

b) frugality: before incurring an expenditure, its usefulness and the affordability of the direct and indirect costs arising therefrom must be examined;

c) economy: for every decision, the option that allows the achievement of the set objectives in the simplest and most economical way must be chosen;

d) transparency: every financial operation must be clearly recorded and supported by justifications.

**Composition of the Diocesan Financial Commission**

9.1 The Diocesan Financial Commission is composed of

a) the Ordinary, who presides over it;

b) three episcopal delegates, one of whom shall serve as secretary;

c) the diocesan bursar;

d) six members elected by the Vicariate Assemblies of Parish delegates, one of whom shall serve as vice-president.

2 There is an incompatibility between the mandate of a member of the Diocesan Assembly of Delegates and that of a member of the Financial Commission.

3 For both episcopal delegates and Vicariate representatives, the eligibility limit is set at 75 completed years of age.

**Duties of the Commission**

10. The Diocesan Financial Commission must ensure prudent financial management for the Diocese.

In particular, the Diocesan Financial Commission is responsible for

a) drafting the annual budget by October 30 of each year;

b) preparing the final accounts (balance sheet and income statement), closed on December 31, by April 30 of the following year;

c) developing indicative quadrennial financial plans;

d) managing the Participation Fund referred to in Article 26.

**Powers of the Commission**

11.1 The Diocesan Financial Commission must

a) be informed about matters of ordinary administration, but of greater importance;

b) give prior consent in cases of extraordinary administration, in conformity with the decision of the Swiss Bishops' Conference, such as

ba) the granting of guarantees for commitments of third parties (e.g., for Parishes, ecclesiastical entities, etc.);

bb) the stipulation of contracts for the purchase and sale of real estate, of contract agreements where the amount exceeds CHF 100,000 for a single operation;

bc) the acceptance of donations or legacies burdened by taxes or by onerous conditions;

bd) the contracting of loans and bank mortgages, as well as advances that ensure liquidity, respectively the recurring needs of the Diocesan Bursary;

be) the granting of loans whose foreseeable duration exceeds twelve months.

2 No expenditure exceeding CHF 50,000 for a single item may be made without the agreement of the Diocesan Financial Commission, unless such expenditure has already been budgeted in the approved annual budget.

**Decisions of the Commission**

12.1 The decisions of the Diocesan Financial Commission are taken by a simple majority of those present, subject to the exception of paragraph 2. In case of a tie, the Ordinary decides.

2 For financial commitments borne by the Diocese exceeding CHF 2,000,000, a 2/3 majority of the members present is required.

3 The diocesan Bishop may object to the decisions of the Diocesan Financial Commission within ten days from the date on which they were brought to his attention.

4 If, within ten days from the date on which they were brought to his attention, the diocesan Bishop objects to the decisions of the Diocesan Financial Commission, the latter must re-examine the matter taking into account the Bishop's reasons.

**Collaboration with the Diocesan Bursary**

13. The Diocesan Financial Commission carries out its work in close collaboration with the Diocesan Bursary.

**Budget**

14.1 The budget is prepared by the Diocesan Bursary under the direction and responsibility of the Financial Commission and must be submitted to the diocesan Bishop by October 30 of each year.

2 The diocesan Bishop will communicate his decision within 20 days from the date on which the budget was brought to his attention.

**IV. Audit and Approval of Accounts**

**Accounts Audit Office**

15. The Accounts Audit Office is composed of two auditors elected for a four-year term by the assembled Diocesan Assembly of Delegates. This task may be entrusted to an auditing firm.

The audit of management, accounts, and balance sheets must be annual and result in a written report for the Diocesan Assembly of Delegates.

**Approval of Budgetary and Final Accounts**

16.1 The budget, prepared by the Bursary under the direction of the Financial Commission and confirmed by the diocesan Bishop, as well as the final accounts comprising the balance sheet and the income statement, must be presented to the Diocesan Assembly of Delegates.

2 The Diocesan Assembly of Delegates approves the budgetary and final accounts by a simple majority, after hearing the auditors' report.

3 In case of non-approval, the final accounts are returned to the Financial Commission for re-elaboration. Once completed, the procedure described above is resumed. If even the second reading does not lead to approval, the decision of the diocesan Bishop shall prevail. In case of non-approval of the budgetary accounts, the decision of the diocesan Bishop shall prevail.

**V. Vicariate Assembly of Delegates**

**Election**

17.1 The Vicariate Assembly of Delegates is composed of the Parish delegates, elected in accordance with Article 14 letter a of the Law on the Catholic Church.

2 Parish Assemblies may elect only one delegate who may also be a member of the Parish Council.

3 The Vicariate Assembly is convened by the Dean (Vicario foraneo) fifteen days after the election of the delegates.

**Duties**

18. The Vicariate Assembly of Delegates elects by simple majority

a) the member of the Diocesan Financial Commission, representing their Vicariate. This person, who must possess good knowledge in administrative, financial, economic, and fiscal matters, may also be chosen from outside the Vicariate Assembly of Delegates;

b) one delegate for each Vicariate to the Diocesan Pastoral Council, who must be a member of a Parish Council;

c) the lay members representing their Vicariate in the Diocesan Pastoral Council.

**VI. Diocesan Assembly of Delegates**

19. The Diocesan Assembly of Delegates is composed of the lay members of the Diocesan Pastoral Council and 12 priests delegated by the Diocesan Presbyteral Council from among its members, excluding any members of the Financial Commission.

20. The Diocesan Assembly is governed by regulations that come into force after approval by the Ordinary.

21. The Diocesan Assembly meets at least twice a year and has the following competencies

a) electing the accounts audit office;

b) approving the budgetary and final accounts;

c) drafting its own regulations and submitting them to the Ordinary for approval;

d) approving the regulations that establish the criteria for contributions;

e) proposing a revision of the Statute with a qualified majority decision of at least twenty of the delegates present;

f) giving its opinion on the text of the new Statute submitted to it by the Bishop.

**VII. Oversight of the Management of Ecclesiastical Property**

**Principle**

22.1 In accordance with Article 5 paragraph 1 of the Law on the Catholic Church and canon 1276 of the CIC, the Ordinary is responsible for overseeing the administration of all property belonging to the Diocese, to the Ecclesiastical Institutions or Entities erected by him, and to the Parishes.

2 The Ordinary's oversight is aimed at preventing serious negligence and arbitrariness in the administration of ecclesiastical property.

**Oversight of Parishes**

23.1 With regard to Parishes, the Ordinary's oversight function includes

a) the examination of annual accounts through the Council for Economic Affairs in accordance with canon 1287 §1 CIC;

b) the granting of authorization for acts of alienation and extraordinary administration in accordance with Article 16 paragraph 2 of the Law and canons 1250 - 1298 CIC.

2 Parish benefices and prebends, in accordance with Article 19 of the Law, are parish property and consequently subject to the Ordinary's oversight.

**Oversight of Other Ecclesiastical Entities**

24. With regard to other ecclesiastical entities, the Ordinary's oversight function is exercised in analogy with the oversight of Parishes.

**VIII. Financial Participation of Parishes and Inter-Parish Compensation**

**Collaboration**

25. The Diocese and the Parishes collaborate in a spirit of solidarity and transparency to foster financial assistance for Parishes in need.

**Establishment of the Participation Fund**

26. A Participation Fund for inter-parish financial compensation is established, funded by contributions from the Parishes.

**Definition of Compensation**

27. Inter-parish financial compensation refers to the determination of subsidies from the Diocese to the Parishes, through the Participation Fund.

**Applications**

28. Parishes in difficulty may submit reasoned applications for subsidies for investments and essential services.

**Decisions**

29.1 The Financial Commission decides according to its free discretion and the possibilities of the Fund.

2 The Financial Commission drafts the relevant regulations which must be approved by the Ordinary and the Diocesan Assembly of Delegates.

**IX. Revision of the Statute**

**Entry into Force**

30.1 This Statute, after approval by the diocesan Bishop and ratification by the Council of State, enters into force upon publication in the "Rivista della Diocesi di Lugano" [[1]](#_ftn1).

2 A total or partial revision of the Statute may be requested by

a) the Ordinary;

b) the Diocesan Assembly of Delegates (Art. 21 letter e).

3 The revision of the Statute is entrusted to a commission composed of five delegates appointed by the Bishop and six delegates appointed by the Diocesan Assembly of Delegates. Before approval, the Bishop submits the new text for consultation to the Diocesan Assembly of Delegates.

**X. Final Transitional Provisions**

**Subsidiary Law**

31. For matters not established by this Statute, the norms of the Law on the Catholic Church and the Code of Canon Law shall apply.

**Repeals and Confirmations**

32.1 The decree for the financial management of the Diocese of Lugano, of December 19, 2001, is repealed.

2 The regulations of the Diocesan Bursary, of April 29, 2002, are confirmed.

Approved by the Diocesan, Presbyteral, and Pastoral Councils, convened in a joint session, Wednesday, November 10, 2004.

Approved by the Bishop of Lugano, Msgr. Pier Giacomo Grampa, on November 11, 2004.

Approved by the Council of State with governmental resolution no. 5459 of December 7, 2004.

Published in BU 2004, 437.

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[[1]](#_ftnref1) Entry into force: with the publication in the Rivista della Diocesi di Lugano - January-February 2005.