REMOVAL. - In a generic sense it indicates the authoritative removal of someone from an office or benefice; in a strict sense removal is proper to parish priests, whether they be irremovable or removable (v. AMOVIBILITY; IRREMOVABILITY).
The CIC prescribes that in order to remove an irremovable parish priest one of those causes is required which, irrespective of culpability or its absence, render the parochial ministry either ineffective or even harmful to the good of souls (can. 2147 § 1). The principal of these causes are the following: a permanent infirmity of mind or body by which he is no longer physically fit, even with the help of an assistant vicar, to fulfill the obligations of the ministry; the hatred of the faithful of which he is the object, even if it arose without his fault; the loss of esteem on the part of his parishioners, caused for any reason whatsoever, even if through the bad conduct of his family members; the eventuality that a hidden crime committed by the parish priest may be made public, with the consequence of stirring up scandal among the faithful; finally the bad administration of the temporal goods of the parish (decree Maxima Cura of the S. Congr. Consistorial of 20 Aug. 1910, in AAS, 2 [1910], p. 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 renounce the parish within a determined time. In inviting him to renounce, the Ordinary, under penalty of nullity, must manifest to him the reasons for which he has seen himself moved to take that measure (can. 2148). The parish priest may, in accepting to make the renunciation, oppose conditions, which however must be accepted by the bishop in order to have force (can. 2159).
If the parish priest considers it opportune, he may also demonstrate by testimonies that the cause adduced by the Ordinary does not correspond to the truth (can. 2151), but if the Ordinary does not consider the parish priest's deductions well-founded, having heard the opinion of the two examiners, he will issue the decree of removal (cann. 2149, 2152). Against such a decree, the parish priest has the right to appeal to the same Ordinary, and the latter cannot confirm the decree unless he has first carefully weighed the new reasons adduced by the parish priest and heard the opinion of two parish priest consultors (can. 2153).
From a definitive decree of removal the only recourse is to the Holy See, and while it is pending the Ordinary cannot 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).
To removed parish priests, according to the case, there may be assigned either another benefice or a pension. On equal condition, he who renounces is to be favored more than he who is removed (can. 2154). After the definitive decree of removal the parish priest has the obligation to leave the parochial house free, except in the case of infirmity, and to hand everything over to the new parish priest (can. 2156). Of itself he is imposed by common law to leave the parish, but the Ordinary can expressly command it.
Bibliography3 works
Michele Federici