Concursus

CONCURSUS. - It is one of the modes of choosing the most worthy subject for a vacant office, consisting in the examination, in legal form, of all the requirements of the aspirants.

Already in the first centuries the use of examinations and scrutinies for ordinations and for the provision of certain offices had become established in the Church, but the first norms on the form of concours are found only with the Council of Trent (sess. XXIV, chap. 18 de ref.). Subsequently, to remedy the abuses arising from the interpretation of these norms, Pius V with the constitution In conferendis of 1567 struck with nullity all acts of conferral, provision and institution contrary to the said norms, and laid down new ones. Innocent XI with the decree of the Holy Office of 2 March 1679 condemned those who taught that the bishop was not obliged to choose the most worthy but only a worthy candidate. As abuses nevertheless continued regarding the form and the possibilities of appeal, which produced very long vacancies in offices to the detriment of souls, the Congregation of the Council with a decree of 10 Jan. 1721 invited bishops to follow the form prescribed by the Dataria Apostolica for the concours within its competence. Subsequently Benedict XIV with the constitution Cum illud of 2 Dec. 1742 regulated the whole matter anew and more completely and sanctioned the obligatory observance of the new norms for all concours.

The CIC did not intend to modify the previous legislation, but established that nothing be innovated in the provision of parishes where the institution of the concours had not fallen into desuetude: the constitution Cum illud was inserted among the documents annexed to the Codex. Canon 459 § 4 indeed states: «In regionibus, in quibus paroeciarum provisio fit per concursum sive specialem ad normam Constitutionum Benedicti XIV, Cum illud 14 dec. 1742, sive generalem, haec forma retineatur, donec Sedes Apostolica aliud decreverit».

As long therefore as the Holy See does not dispose otherwise, the provision of parishes must be carried out according to the practice existing at the moment of the entry into force of the CIC, that is, on 19 May 1918. The Commission for the authentic interpretation of the CIC, on 25 June 1932 held that the form of the concours according to canon 459 § 4 is not obligatory in the first provision of a newly erected parish. Furthermore, according to canon 399 § 2 the prebends of theologian and of penitentiary of the Chapter must be conferred by means of a concours, where this is legally required (v. CANONICO PENITENZIERE; CANONICO TEOLOGO).

The concours can be announced and carried out by the Bishop, or, in case of his impediment, by the vicar general, or in case of a vacant see by the capitular vicar, or by the prelate nullus, who enjoys the privilege of celebrating the diocesan Synod or is furnished with a special apostolic indult.

All priests may be admitted to the concours, even if strangers to the diocese, save for a contrary provision of law or a special privilege, whether on account of belonging to the diocese or on account of the existence of determined requirements. Subject to the prescriptions of the Council of Trent, save for a special statute, are all and only the perpetual parochial benefices endowed with canonical erection and effectively vacant. Excepted are benefices of local or mixed right of patronage, if the concours is not required by the tables of foundation.

The competitors must be examined by the bishop or the vicar general, and by the examiners, who must be at least three, chosen from the six proposed each year by the bishop to the diocesan Synod and approved by it by majority (v. ESAMINATORI SINODALI).

The form of the concours must be that of the Council of Trent and of the constitution Cum illud of Benedict XIV, especially as regards the public announcement, the number of the examiners, the object and the modalities of the examination, the judgment of the examiners and the prelection of the bishop. The nullity of the concours occurs only through the non-observance of those requirements that are required ad validitatem. Within ten days the interested parties may lodge an appeal, but without suspensive effect, against the decision of the bishop to the metropolitan, to the nearest bishop or to the Holy See. In the latter case it is necessary to distinguish the appeal concerning the judgment of the examiners from that concerning the extrinsic form of the concours: in the first case the Congregation of the Council, if it holds the judgment erroneous, quashes the acts of the concours and prescribes a new one; in the second case, if justice is safe for the work of the examiners and of the bishop, and if there are just motives, the Congregation heals the irregularities. The form can be general and special. The special concours is announced for individual parishes on the occasion of their vacancy (this form prevails in some regions of Italy, of Portugal and of South America). The general concours is instead announced once or twice a year to subject the aspirants to an examination of doctrine: in case then of the vacancy of a parish, the examiners must weigh the other requirements of those who have successfully passed the examinations, for the determination of suitability for the individual parish (this form prevails in some dioceses of Germany and of Austria).

Giulio Pacelli