Public juridic person offers flexibility. Structuring and writing statutes for this model is simple in theory, complex in practice.
Public juridic person is an alternative sponsorship arrangement that allows various Church entities to share resources, thus strengthening their competitive position. Creating a public juridic person is simple in theory but can be complicated in practice. The 1983 Code of Canon Law states that public juridic persons are ¿aggregates of persons or things¿ constituted by the ¿competent ecclesiastical authority¿ to ¿fulfill a proper function given them in view of the common good.¿ The canon law further indicates that public juridic persons require statutes. The code provides a list of items to be included in the statutes, such as a purpose, constitution, governance, operations, and conditions of membership. Writing these items can be complex, depending on the makeup of the public juridic person. After writing the statutes, the entities' leaders take them to the competent ecclesiastical authority, who approves them and thereby founds the public juridic person. But it is not always easy to determine who the competent authority is. Statutes can be tricky to formulate and therefore should contain provisions for modifications. They should be written as simply as possible. Bylaws should be used as much as possible for detailed provisions. Still, the most important safeguards of Catholic identity will be the makeup of the board, provisions for monitoring its activities, and the implementation of ethical directives issued by Church authority.
Amos
J R
JR
Metropolitan Tribunal, Archdiocese of Mobile, AL, USA.
D002410:Catholicism; D003249:Constitution and Bylaws; D004991:Ethics, Institutional; D006075:Governing Board; D016519:Hospitals, Religious / Q000458:organization & administration* / Q000592:standards; D007373:Interinstitutional Relations; D017146:Models, Organizational; D010067:Ownership / Q000458:organization & administration*; D014481:United States