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Art. 3.

COADJUTOR AND AUXILIARY BISHOPS

Can. 403 §1. When the pastoral needs of a diocese suggest it, one or more auxiliary bishops are to be appointed at the request of the diocesan bishop. An auxiliary bishop does not possess the right of succession.

§2. In more serious circumstances, even of a personal nature, an auxiliary bishop provided with special faculties can be given to a diocesan bishop.

§3. If it appears more opportune to the Holy See, it can appoint ex officio a coadjutor bishop who also has special faculties. A coadjutor bishop possesses the right of succession.

Can. 404 §1. A coadjutor bishop takes possession of his office when he, either personally or through a proxy, has shown the apostolic letter of appointment to the diocesan bishop and college of consultors in the presence of the chancellor of the curia, who records the event.

§2. An auxiliary bishop takes possession of his office when he has shown the apostolic letter of appointment to the diocesan bishop in the presence of the chancellor of the curia, who records the event.

§3. If the diocesan bishop is completely impeded, however, it suffices that both the coadjutor bishop and the auxiliary bishop show the apostolic letter of appointment to the college of consultors in the presence of the chancellor of the curia.

Can. 405 §1. A coadjutor bishop and an auxiliary bishop have the obligations and rights which are determined in the prescripts of the following canons and are defined in the letter of their appointment.

§2. A coadjutor bishop and the auxiliary bishop mentioned in ⇒ can. 403, §2 assist the diocesan bishop in the entire governance of the diocese and take his place if he is absent or impeded.

Can. 406 §1. The diocesan bishop is to appoint a coadjutor bishop and the auxiliary bishop mentioned in ⇒ can. 403, §2 as vicar general. Moreover, the diocesan bishop is to entrust to him before others those things which by law require a special mandate.

§2. Unless the apostolic letter has provided otherwise and without prejudice to the provision of §1, a diocesan bishop is to appoint his auxiliary or auxiliaries as vicars general or at least as episcopal vicars, dependent only on his authority or that of the coadjutor bishop or auxiliary bishop mentioned in ⇒ can. 403, §2.

Can. 407 §1. In order to foster the present and future good of the diocese as much as possible, a diocesan bishop, a coadjutor, and the auxiliary mentioned in ⇒ can. 403, §2 are to consult one another on matters of major importance.

§2. In considering cases of major importance, especially of a pastoral character, a diocesan bishop is to wish to consult the auxiliary bishops before others.

§3. Since a coadjutor bishop and an auxiliary bishop are called to share in the solicitude of the diocesan bishop, they are to exercise their duties in such a way that they proceed in harmony with him in effort and intention.

Can. 408 §1. A coadjutor bishop and an auxiliary bishop who are not prevented by a just impediment are obliged to perform pontificals and other functions to which the diocesan bishop is bound whenever the diocesan bishop requires it.

§2. A diocesan bishop is not to entrust habitually to another the episcopal rights and functions which a coadjutor or auxiliary bishop can exercise.

Can. 409 §1. When the episcopal see is vacant, the coadjutor bishop immediately becomes the bishop of the diocese for which he had been appointed provided that he has legitimately taken possession of it.

§2. When the episcopal see is vacant and unless competent authority has established otherwise, an auxiliary bishop preserves all and only those powers and faculties which he possessed as vicar general or episcopal vicar while the see was filled until a new bishop has taken possession of the see. If he has not been designated to the function of diocesan administrator, he is to exercise this same power, conferred by law, under the authority of the diocesan administrator who presides offer the governance of the diocese.

Can. 410 Like the diocesan bishop, a coadjutor bishop and an auxiliary bishop are obliged to reside in the diocese.

Except for a brief time, they are not to be absent from it other than to fulfill some duty outside the diocese or for vacation, which is not to exceed one month.

Can. 411 The prescripts of cann. ⇒ 401 and ⇒ 402, §2 on resignation from office apply to a coadjutor and auxiliary bishop.