The Constitution and the Statutes

of the Swiss-American Benedictine Congregation

Established by the General Chapter

 

Section III: Norms for the Congregation

E. Of Right of Recourse and Appeal,
and of Procedure in Exercising It

C75 Every monk of the Congregation has the right to refer a case in which he feels that he has suffered injustice, from the lower to a higher superior or tribunal, according to the norms of law (see C 55, 57; CIC 1427, 1428.3, 1644).

S84 1) Recourse from an administrative decision, or appeal from a judicial sentence, must be made in writing.

2) The order of recourse from an administrative decision, or of appeal from judicial sentence, is from the monk's abbot to the abbot president, then to the abbot primate, and then to the Apostolic See.

3) For a monk of the abbot president's monastery, recourse or appeal is first made to the abbot senior by election to the president's council.

S85 If a monk seems unable to live in peace in his own monastery, the abbot president may transfer him to another place for a suitable period.

S86 1) In order to help conciliate a grievance according to the principles of charity and justice, particularly when a case is complex or has obtained notoriety, the abbot president, with the consent of his council, shall establish a board of conciliation which will have no jurisdiction of its own but which will advise the abbot president in the case for which it has been established. Such a board is to consist of five members.

2) Any monk of this Congregation may request the services of a board of conciliation for which S 86.1 provides, if the principle of subsidiarity has been respected.

 

 

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Rev. 08 Apr 2009 | www.osb.org/swissam/const/IIIF.html