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  Sec. 2. The pastoral care of the dioceseIn the current Code, the term pastoral care has a technical character. It concerns the status attached to the oce or core headship of the two communities that are the diocese (can. 369 CIC 193! and the parish (can. "19 CIC 193! and, with a di#erence which will $e discussed later, the statute of %oce of chaplain who recei&es the pastoral care, at least in part, of a communit' (can. "6 CIC 193!. diocesan $ishop, made $' the )piscopal ordination, teacher of doctrine, a priest of sacred worship and ministr' *o&ernment, e+ercisin* for the diocese, as pastor, the oce of teachin*, sanctif'in* and *o&ernin* (can. 3" CIC 193!.1. The pastoral care of the diocesan $ishop The term pastoral care appears in numerous canons that descri$e the status of the oces ecclesiastical heads of the two hierarchical communit', the diocese and the parish, and appears in the can. "6 CIC 193 which relates to the oce of chaplain. It can $e de-ned on the one hand, as an e+ercise of the tria munera to*ether for a communit' $uilt hierarchical authorit', e+cept in the case of the chaplain holdin* the pastoral care full or in part, on the other hand, the essential element of the Statute of %headship oce of head of the communit' reser&ed for a faithful ordained $ishop or priest.  le*al status similar concerns the heads of le*al concepts assimilated $oth $ishops, consecrated or unconsecrated $ishops, accordin* to the statutes of the &arious institutions.a!  diocesan $ishop freel' appointed $' the /oman 0onti#  The diocesan $ishop is freel' appointed $' the /oman 0onti# or con-rmed $' him if it is electedto (can. 3 CIC 193!. The free appointment is the usual procedure acuired $' the postolic *raduall' durin* the histor' of the relations $etween Church and State, in which the a$ilit' to choose the candidates for the episcopate and to name them it was an opportunit' to -*ht. The histor' of the discipline in this respect iscomple+ and di#erent accordin* to countr'. or the Catholic Church, it was and it is still doin* to reco*ni4e its independence in or*ani4in* its acti&ities, appointin* the persons selected $' it to act in the particular Churches. 0arado+icall', when the' are *one the confessional states and was $orn a secular state, the Church has redisco&ered a freedom that corresponds to the nature of compan' law indetooth. )&en then it is up to the papal le*ate prepare a 5triad5 $' followin* a procedure descri$ed in can. 3  2 and  3 CIC 193, and propose it to the Con*re*ation for 7ishops with their &ote. The procedure of con-rmation of a $ishop elected, despite $ein* pro&ided for in the CIC 193 is little used in the church. or the CIC seems an e+ception due to special ri*hts, a*reed to or ha$its. In the 8est, are 1 dioceses wherethe $ishops should $e con-rmed (13 in erman', 3 in Swit4erland and one in ustria!. :ependin* on the circumstances, it is a real election $' a colle*e (the cathedral chapter! or a choice of a set of 3 or elected from a list of persons su$mitted to the /oman 0onti#. The appointment of the au+iliar' $ishops is alwa's made $' the /oman0onti# when a diocesan $ishop, $elie&in* that there should $e a ausiliare the diocese,proposed to the postolic See a list of at least three priests suita$le to ful-ll the oce. "9   s for the appointment $' the ci&il authorities, can. 3 " CIC 193 states that 5in thefuture will not $e *ranted to ci&il authorities an' ri*hts and pri&ile*es of election, appointment, presentation or appointment of $ishops.5 The canon echoes a declaration of will of the Second ;atican Council< 5Since the apostolic oce of $ishops was instituted $' Christ the =ord and pursues a spiritual and supernatural purpose, this sacred ecumenical s'nod declares that the ri*ht of nominatin* and appointin* $ishops is own, peculiar and in itself e+clusi&el' to the competent ecclesiastical authorit'. Therefore, to properl' defend the freedom of the Church and of promotin* more con&enientl' and ecientl' the welfare of the faithful, this hol' Council puts forward that, in the future, to the ci&il authorities are no lon*er *ranted the ri*hts or pri&ile*es of election, nomination, presentation or desi*nate the episcopal oce. In those ci&il authorities and that now, $' &irtue of a con&ention or a tradition, en>o' suchri*hts or pri&ile*es, ueam S'nod, while e+pressin* *ratitude and sincere appreciation for the homa*e to their pro&en &erso the Church, addresses li&in* pra'er, so that, fter a*reements with the postolic See, the' want to spontaneousl' *i&e up. 5 fter the Council, the Concordat a*reements were re&ised to appl' the will to reconcile and the postolic See has found a total freedom of appointment, stressin*, howe&er, the principle of information in ad&ance. It remains the case in rance where two episcopal sees (Stras$our* and ?et4! are pro&ided $' the 0resident pursuant to the Concordat of @apoleon. ?eanwhile, the current practice of appl'in* the norm Concordat lea&es, in fact, a freedom of choice to the postolic See.
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