Godziwe utrzymanie prezbiterów diecezjalnych w Polsce

The aim of the dissertation is to analyze the universal and the Polish particular legislation regarding the right of diocesan presbyters to a decent living. The dissertation adopted the thesis: The right to decent support is included in the catalog of fundamental rights due to every human being. Therefore, it is also entitled to diocesan presbyters so that they can properly fulfill their priestly vocation. This right was proclaimed by the legislator in can. 281, and also normalized the means of realizing the entitlement due to diocesan presbyters and obliged the particular legislators to specify it. The monograph sought answers to the following questions: what are the grounds of the law of diocesan presbyters for decent support; are these grounds legally binding, i.e. whether the obligation to exercise this right by other entities is correlated with the right of presbyters; what should be understood by ‘decent support’; what elements make up the right to decent support; how is this right implemented; whether the means of implementing this right indicated by the legislator are sufficient to secure the proper support of diocesan presbyters; how the right to decent support is implemented in the Polish particular legislation, i.e. whether the means of its implementation find practical application in the Church in Poland; is the system of decent support of diocesan presbyters in Poland homogeneous and sufficient? The issues raised in the monograph were carried out in three chapters, extended into smaller thematic units, preceded by a list of abbreviations and an introduction. Chapter I, which is an introduction to the subject, contains an explanation of the concepts of ‘diocesan presbyter’ and ‘decent support’, necessary for further analysis. After their exegesis, the theological and legal foundations for the right to support presbyters were shown. Chapter II addresses the problem of decent support of diocesan presbyters according to the Code of Canon Law of 1983. First, the entities obliged to care for the proper implementation of the presbyteral rights, including the faithful Christians and the diocesan bishop, were elaborated and the rights of presbyters arising from the ratio of incardination and temporary service in another particular Church were clarified. In the subsequent part of the chapter, the following issues were explored: call to simplicity of life, forms of decent support of presbyters (including: the offerings given for the celebration of Mass, iura stolae, remuneration for a given office or task and funds for the support of clergy as well as funds for the social security of clergy), regulation of inheritance property due to death. The legal basis for protecting and defending the right to decent support has also been indicated. The analysis of the decent support of diocesan presbyters according to the Code of Canon Law of 1983, carried out in Chapter II, allowed us to take up the same issue in Chapter III according to Polish particular legislation. The structure of the chapter corresponds to the previous one, however, in order to present the forms of decent support of presbyters, the following were included: offerings given for the celebration of Mass, iura stolae, offerings given due to pastoral Christmas visit, All Souls Day offerings, remuneration for a given office or task, other income, housing, meals and funds for the support of clergy and social security of clergy. The conclusion includes the reasumption of the results of analyzes undertaken in the individual chapters and the conclusions de lege lata and de lege ferenda. The dissertation is culminated by an annex containing a Polish translation of the Decretum de recursu super congruentia inter legem particularem et normam codicialem of the Pontifical Council for Legislative Texts, a bibliographic list of sources of law and literature, a summary of the dissertation in English and a list of contents in English and Polish.