Sr Bartholomea was appointed a regional superior with a council of three members in July 2017. Two of the council members can hardly attend the meetings, since one is principal of a college; the other is the only doctor in a busy hospital. The third councillor, according to Sr Bartholomea, is not so cooperative. Often the decisions are taken by Sr Bartholomea alone, as she feels that convoking a council all the time is not possible for her.
Let us see who a major superior is, and what s/he should do in such cases—as also the role of the council.
CIC (the Latin Code of Canon Law), Canon 620 defines who the major superiors are. CCEO (the Oriental Canon Law), Canon 418 §1 defines and gives the list of the major superiors.
Who are Major Superiors?
President of a monastic confederation, superior of a monastery sui iuris, superior general of an order or congregation, provincial superior, ‘their vicars and others who have the power like that of provincials, and also those who, in the absence of the above-mentioned persons, in the interim legitimately succeed them in office.’
As regards the power of governance, the major superiors of clerical religious institutes of pontifical right are also Ordinaries or Hierarchs (because they share the power of governance deriving from their sacred ordination that they receive at their ordination but they are not Local Ordinaries/ Hierarchs) as far as their own members are concerned (CIC c. 134 §1; CCEO c. 984§3). CCEO c. 418 § 2 clearly indicates that ‘under the designation “superiors of monks and other religious” does not come either the Local Ordinary/Hierarch or the Patriarch, with due regard for the canons that assign to the Patriarch or Local Ordinary Hierarch power over them. Vicars take the place of the major superior, when the latter is absent or prevented from exercising the office due to illness, etc. However, those substituting for a major superior in an ad hoc manner (only for a particular purpose or an emergency) exercise only delegated power and are not major superiors.
The distinct roles and the extent of the power of major superiors must be stipulated in the Constitutions/Statutes of each institute and exercised in accordance with it. The scope and expression of this authority can vary greatly from institute to institute. The figure of the superior general affirms that no part of the institute is independent and all its organisms are parts of the whole. At the same time, the constitutions must specify the competence of the superiors at each level so as to apply the principle of subsidiarity stipulated in Ecclesiae Sanctae II, 18. At each level the superiors must be given the freedom to carry out their tasks fully and efficiently, unless the common good of the institute demands that the superior general should appropriately intervene.
The Role of Councils
CIC c. 627§1 and CCEO c. 422§1 state that superiors should have their own councils as specified in their constitutions and that they must make use of these councils in the exercise of their offices. This council is made mandatory in order to guarantee real cooperation and participation of the members according to the Church’s teaching on co-responsibility. It also aims to prevent the superior from committing errors and to safeguard against autocratic power.
Council members are chosen because of their wisdom, experience, and ability to assist the superior with good advice and appropriate consent, and they have distinct roles. The superior has a council, but is not part of the council. While seeking consent/advice, the superior does not vote. The superior votes only when a collegial vote is required (e.g., dismissal). The council is normally not a decision-making body, but is an integral part of the decision-making process regarding serious matters. They are to assist the superior by sharing insights, evaluating initiatives, raising issues, extending support and participate in the council discussions with courage and creativity.
The Codes provide more than a dozen instances where the superior requires consent/advice of the council. According to the tradition and spirit of the institute, the constitution may provide more such instances, but care must be taken not to prevent the superior from appropriate flexibility and timeliness in responding to situations. Once the advice or consent is given, the role of the council ends, and it is up to the superior to act or not act on it. The process of convoking the council, presenting the matter in question and seeking consultation/consent are made mandatory in order to serve the community by making use of a wider range of knowledge and experience. This would prevent autocratic decisions/actions regarding members and the goods of the institute.
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