Chương 3. Cản Tòa Và Khuyết Vị (Điều 412-430)

The episcopal see is understood to be impeded if the diocesan Bishop is completely prevented from exercising the pastoral office in the diocese by reason of imprisonment, banishment, exile or incapacity, so that he is unable to communicate, even by letter, with the people of his diocese.

§1 Unless the Holy See has provided otherwise, when a see is impeded, the governance of the diocese devolves on the coadjutor Bishop, if there is one. If there is no coadjutor, or if he is impeded, it devolves upon the auxiliary Bishop, or the Vicar general, or the episcopal Vicar, or another priest: the order of persons to be followed is to be that determined in the list which the diocesan Bishop is to draw up as soon as possible after taking possession of his diocese. This list, which is to be communicated to the Metropolitan, is to be revised at least every three years, and kept under secrecy by the chancellor.
§2 If there is no coadjutor Bishop or if he is impeded, and the list mentioned in
§1 is not at hand, it is the responsibility of the college of consultors to elect a priest who will govern the diocese.
§3 The person who undertakes the governance of the diocese according to the norms of §
§1 or 2, is to notify the Holy See as soon as possible that the see is impeded and that he has undertaken the office.

Whoever is called, in accordance with can. 413, to exercise the pastoral care of the diocese for the time being, that is, only for the period during which the see is impeded, is in his pastoral care of the diocese bound by the obligations, and has the power, which by law belong to the diocesan Administrator.

If the diocesan Bishop is prohibited from exercising his office by reason of an ecclesiastical penalty, the Metropolitan is to refer the matter at once to the Holy See, so that it may make provision; if there is no Metropolitan, or if he is the one affected by the penalty, it is the suffragan senior by promotion who is to refer the matter.

The episcopal see becomes vacant by the death of the diocesan Bishop, by his resignation accepted by the Holy See, by transfer, or by deprivation notified to the Bishop.

Until they have received certain notification of the Bishop’s death, all actions taken by the Vicar general or the episcopal Vicar have effect. Until they have received certain notification of the aforementioned papal acts, the same is true of actions taken by the diocesan Bishop, the Vicar general or the episcopal Vicar.

§1 Within two months of receiving certain notification of transfer, the Bishop must proceed to the diocese to which he has been transferred and take canonical possession of it. On the day on which he takes possession of the new diocese, the diocese from which he has been transferred becomes vacant.
§2 In the period between receiving certain notification of the transfer and taking possession of the new diocese, in the diocese from which he is being transferred the Bishop:1° has the power, and is bound by the obligations, of a diocesan Administrator; all powers of the Vicar general and of the episcopal Vicar cease, without prejudice to can. 409
§2;2° receives the full remuneration proper to the office.

While the see is vacant and until the appointment of a diocesan Administrator, the governance of the diocese devolves upon the auxiliary Bishop. If there are a number of auxiliary Bishops, it devolves upon the senior by promotion. If there is no auxiliary Bishop, it devolves upon the college of consultors, unless the Holy See has provided otherwise. The one who thus assumes the governance of the diocese must without delay convene the college which is competent to appoint a diocesan Administrator.

Unless the Holy See has prescribed otherwise, when the see is vacant in a vicariate or a prefecture apostolic, the governance is assumed by the Pro-Vicar or Pro-Prefect who was designated for this sole purpose by the Vicar or Prefect immediately upon taking possession.

§1 Within eight days of receiving notification of the vacancy of an episcopal see, a diocesan Administrator is to be elected by the college of consultors, to govern the diocese for the time being, without prejudice to the provisions of can. 502
§3.
§2 If, for any reason, the diocesan Administrator is not lawfully elected within the prescribed time, his appointment devolves upon the Metropolitan. If the metropolitan see is itself vacant, or if both the metropolitan see and a suffragan see are vacant, the appointment devolves on the suffragan who is senior by promotion.

The auxiliary Bishop or, if there is none, the college of consultors, must as soon as possible notify the Apostolic See of the death of the Bishop. The person elected as diocesan Administrator must as soon as possible notify the Apostolic See of his election.

§1 Only one diocesan Administrator is to be appointed, contrary customs being reprobated; otherwise the election is invalid.
§2 The diocesan Administrator is not to be at the same time the financial administrator. Accordingly, if the financial administrator of the diocese is elected Administrator, the finance committee is to elect another temporary financial administrator.

The diocesan Administrator is to be elected according to the norms of cann. 165-178.

§1 Only a priest who has completed his thirty-fifth year of age, and has not already been elected, appointed or presented for the same see, can validly be deputed to the office of diocesan Administrator.
§2 As diocesan Administrator a priest is to be elected who is outstanding for doctrine and prudence.
§3 If the conditions prescribed in
§1 have not been observed, the Metropolitan or, if the metropolitan see itself is vacant, the suffragan senior by promotion, having verified the truth of the matter, is to appoint an Administrator for that occasion. The acts of a person elected contrary to the provisions of
§1 are by virtue of the law itself invalid.

Whoever governs the diocese before the appointment of the diocesan Administrator, has the power which the law gives to a Vicar general.

§1 The diocesan Administrator is bound by the obligations and enjoys the power of a diocesan Bishop, excluding those matters which are excepted by the nature of things or by the law itself. [No. 240 of the Directory Apostolorum Successores, 22.II.2004, clarifies that the diocesan administrator assumes ordinary power over the diocese. Nos. 241 and 242 set out his duties and the limits of his power. He has ipso iure the faculty of administering the sacrament of confirmation in his diocese and of granting this right to other priests: see Notitiae 35 (1999), 160]
§2 The diocesan Administrator obtains his power on his acceptance of the election, without the need of confirmation from anyone, but without prejudice to the provision of can. 833, n. 4.

§1 While the see is vacant, no innovation is to be made. [A Response of the Dicastery for Legislative Texts to a particular question, Prot. 18289/2024, 25.VI.2024, explains that during a diocesan sede vacante a diocesan administrator may not formally appoint a new Moderator of the Curia, since such a lasting appointment exceeds his powers, though he may temporarily delegate the functions of that office until a new bishop is in place]
§2 Those who have the interim governance of the diocese are forbidden to do anything which could in any way prejudice the rights of the diocese or of the Bishop. Both they, and in like manner any other persons, are specifically forbidden to remove, destroy or in any way alter documents of the diocesan curia, either personally or through another.

The diocesan Administrator is bound by the obligations of residing in the diocese, and of applying the Mass for the people in accordance with can. 388.

§1 The office of the diocesan Administrator ceases when the new Bishop takes possession of the diocese.
§2 Removal of the diocesan Administrator is reserved to the Holy See. Should he perchance resign, the resignation is to be submitted in authentic form to the college which is competent to elect, but it does not require acceptance by the college. If the diocesan Administrator is removed, resigns or dies, another diocesan Administrator is to be elected in accordance with can. 421. REGIONS