Question: Can you explain the eparchial presbyteral council, how members are elected to it, and what their functions are?
The Presbyteral Council is a body of priests that represents the presbyterate within the Eparchy. This Council assists the Eparchial Bishop by providing advice on matters related to the pastoral needs and affairs of the Eparchy. The Code of Canons of the Eastern Churches (CCEO) mandates the establishment of such a council in all eparchies (CCEO c. 264). It is important that this Council is structured to ensure representation from all the priests of the Eparchy. Each presbyteral council must have its own statutes, which need to be approved by the eparchial bishop, provided they do not contradict the norms of both common law and the particular law of the respective Church sui iuris (c. 265). Members of the presbyteral council are elected in three different ways.
1. According to Common Law, an appropriate portion of the members of the presbyteral council must be elected by the priests themselves, in accordance with the norms of the Particular Law of the respective Church sui iuris (c. 266, 1Ā°). In the Particular Law of the Syro-Malabar Church, it is specified that at least fifty per cent of the members of the presbyteral council shall be elected by the priests themselves (Art. 15).
2. Some priests are members of the presbyteral council by virtue of the office they hold, such as the members of the Curia in the Eparchy. If the statutes of the Eparchy stipulate that certain individuals are members of this council by virtue of their office, they are considered ex officio members of the presbyteral council (c. 266, 2Ā°).
3. The Bishop also has the right to freely appoint a few members to the presbyteral council (c. 266, 2Ā°).
As mentioned above, the members of the presbyteral council fall into these three categories.
All priests who are ascribed within the Eparchy, as well as the other priests who have a domicile or quasi-domicile in the Eparchy and at the same time exercise some function for the good of the Eparchy, have the right to elect, vote and be elected to the presbyteral council. Furthermore, according to the statutes, active and passive voice can also be conferred upon other priests who have domicile and quasi domicile in the Eparchy (c. 267). The common law stipulates that whenever the statutes of the Eparchy are formed, they should be arranged in such a way that all classes of priests in the Eparchy are represented (c. 268).
The common law ensures that the presbyteral council maintains a continuous relationship with the eparchial bishop. The eparchial bishop is responsible for convening and presiding over the presbyteral council, setting its agenda, and considering proposals from its members.
In important matters, particularly those specifically outlined in Common Law, the bishop is required to consult the presbyteral council. For instance, this includes convening an eparchial assembly (c. 236), establishing, suppressing, and modifying the boundaries of foranes (c. 276), creating personal parishes (c. 280 Ā§1), and erecting, modifying, or suppressing parishes (c. 280 Ā§2). These are just a few examples of such matters.
The eparchial bishop is the head of the presbyteral council. The members cannot convene it without the eparchial bishop, who alone is responsible for making public the decisions made in the council.
The terms of office for elected or appointed members shall be outlined in the statutes. Members of the presbyteral council are to be designated for a term specified in the statutes, ensuring that the entire presbyteral council or a portion of it is renewed within a five-year period (c. 270 Ā§1). When the eparchial see is vacant, the presbyteral council ceases its functions, which are then fulfilled by the college of eparchial consultors. The eparchial bishop must establish a new presbyteral council within one year of taking canonical possession of the Eparchy (c. 270 Ā§2).
The bishop has the authority to dissolve the presbyteral council under certain circumstances, such as when the council acts in a manner that harms the common good of the Eparchy or seriously abuses its functions. Before making this decision, the bishop must consult with the Metropolitan of the Archeparchy to which he belongs. In the case of the Metropolitan See itself, the archbishop will consult with the most senior eparchial bishop, who is subject to the same Metropolitan authority. Additionally, the law requires that the eparchial bishop establish a new presbyteral council within one year (c. 270 Ā§3).
