APOSTOLIC PREFECT. - The apostolic prefecture is governed by a prelate who bears the name of apostolic prefect; he, together with the apostolic vicar and the superior of a mission sui iuris, constitutes the so-called missionary or extraordinary hierarchy, introduced by the S. Congr. de Prop. Fide for mission countries.
The apostolic prefect seems to derive from the praefectus missionis of the missions of the regular orders in the 13th-15th centuries. The first traces of an apostolic prefect date back at least to the year 1661; but both figures are found in the legal collections of Propaganda Fide almost up to the CIC. It has not yet been established how the transition occurred from the praefectus missionis to the apostolic prefect, who was sometimes confused with the former, the change of name being attributed to the need for abbreviation (praefectus apostolicus instead of praefectus missionis apostolicus). In the preparatory drafts of the CIC and in the CIC itself, the prefect is completely equated with the apostolic vicar. He is appointed by the S. Congr. de Prop. Fide in congress; he takes possession of the territory upon presenting the decree or letters of the same S. Congregation to the person governing the territory ad interim; the appointment is always ad nutum of the S. Congregation. In the past, the nature of the apostolic prefect’s jurisdiction was much debated; authors tended to recognize in him delegated jurisdiction; today, with the prescriptions on the matter laid down by the CIC, it is certain that it is ordinary, because it is attached to the office itself, and vicarious, because it is exercised not in his own name but in that of the Roman Pontiff. In the territory entrusted to him, the prefect has the same rights and faculties as residential bishops. With regard to the power of order, although it is not excluded that the apostolic prefect may be invested with the episcopal character, it is nevertheless common practice for him to be a simple priest with extensive participation in the power of order; he may impart all blessings reserved to bishops, with the exception of the pontifical blessing; consecrate chalices, patens, and portable altars using oil blessed by the bishop; grant indulgences of 50 days; administer Confirmation, the tonsure, and minor Orders. This power of order is limited to the period during which he holds office and may not be exercised outside the boundaries of his own territory. While in office and within his own territory, he enjoys the honorary privileges of a participating apostolic protonotary; he is therefore regarded as a domestic prelate of S. Holiness, with the attached title of monsignor. By special concession of the S. Congr. de Prop. Fide (Formola minore, n. 53), apostolic prefects were authorized to use the honorary privileges even outside their own territory, provided that they were in office; this concession was revoked by a notification of the same S. Congregation dated 15 August 1947, and n. 53 was abolished in the text of the minor formula of faculties. In addition to the ordinary faculties that he enjoys by virtue of the same law, the prefect is granted other delegated faculties according to a determined formula (v. FACOLTÀ). The obligations of the apostolic prefect are essentially the same vicar (v.): a quinquennial report to the Holy See on the state of the mission, an annual statistical report on the progress of conversions; the obligation of residence in the region and of the canonical visitation of the prefecture, although the period within which this duty must be fulfilled is not prescribed. He is bound to observe the prescriptions concerning the establishment of the mission archive; he must apply the Mass ex iustitia for his people on the days established in can. 306. The prefect has the special obligation, in mission territories, of establishing the indigenous clergy. Under common law, he is not obliged to make the ad limina visit or to celebrate the Synod, but he may be obliged to do so by particular law (e.g., in China).