REMOVAL. — In the generic sense, this indicates the authoritative removal of someone from an office or benefice; in the strict sense, removal properly concerns parish priests, whether irremovable or removable (v. AMOVIBILITÀ; INAMOVIBILITÀ).
The CIC prescribes that, in order to remove an irremovable parish priest, one of those causes is required which, regardless of culpability or lack thereof, render parish ministry either ineffective or even harmful to the good of souls (can. 2147 § 1). The principal causes are the following: a permanent mental or physical illness by reason of which he is no longer physically capable, even with the assistance of an adiutor vicar, of fulfilling the obligations of the ministry; the hostility of the faithful toward him, even if it arose through no fault of his; the loss of the esteem of his parishioners, caused for any reason, even by the misconduct of members of his family; the possibility that a hidden crime committed by the parish priest might become publicly known, with the consequent risk of provoking scandal among the faithful; finally, the poor administration of the temporal goods of the parish (decree Maxima Cura of the S. Congr. Consistorial of 20 August 1910, in AAS, 2 [1910], pp. 636 ff.).
Once the existence of one of these causes has been established, the Ordinary, having heard the opinion of two examiners, will invite the parish priest, in writing or orally, to resign the parish within a specified period. In inviting him to resign, the Ordinary, under pain of nullity, must disclose to him the reasons that led him to take that measure (can. 2148). The parish priest may, while agreeing to resign, impose conditions, which must nevertheless be accepted by the bishop in order to have force (can. 2159).
If the parish priest considers it appropriate, he may also demonstrate by testimony that the cause alleged by the Ordinary is untrue (can. 2151); but if the Ordinary does not consider the parish priest’s arguments well founded, he will, having heard the opinion of the two examiners, issue the decree of removal (cann. 2149, 2152). Against this decree, the parish priest has the right to appeal to the same Ordinary, who may not confirm the decree unless he has first carefully examined the new reasons advanced by the parish priest and heard the opinion of two consultor parish priests (can. 2153).
From a definitive decree of removal, appeal to the Holy See is given as the sole recourse; while it is pending, the Ordinary may not confer the benefice (can. 2146). For the removal of removable parish priests, the procedure is simpler, but a just cause is always required (cann. 2149, 2158, 2159–61).
Parish priests who have been removed may, according to the circumstances, be assigned either another benefice or a pension. When conditions are equal, preference should be given to one who resigns over one who is removed (can. 2154). After the definitive decree of removal, the parish priest is obliged to vacate the parish house, except in the case of illness, and to hand everything over to the new parish priest (can. 2156). In itself, common law imposes upon him the obligation to leave the parish, but the Ordinary may expressly order him to do so.