Le elezioni ai sensi del can. 119, 1° e la loro applicazione a quelle dei delegati an un capitolo provinciale
The collegial acts of juridical persons, associations or groups, concerns elections and other affairs, and are provided principally by the particular law or by its ownstatutes, and in general by the can. 119. This canon has introduced a new system of computing the votes, distinguishing it from the p...
| Summary: | The collegial acts of juridical persons, associations or groups, concerns elections and other affairs, and are provided principally by the particular law or by its ownstatutes, and in general by the can. 119. This canon has introduced a new system of computing the votes, distinguishing it from the previous system. In principle, it requires the presence of most of the members of the college physically, respect to the notive of the legitimate convocation that has been given previously. The majority means more than a half, which is necessary to constitute the collegium electoral, but if it does not reach the majority, it couldn't be proceed with the election or deal with affairs. However, the particular law for elections may be granted the right to vote by letter or proxy (can. 167, §1), to all those which are considered presented, because they attend to form the collegium elecoral. Some Religious Institutes and Societies of Apostolic Life also apply in that way. Another novelty is that it has the force of law to decide the absolute majority of those present, but it does not refer to the given votes and even the valid votes anymore, as it has been accepted the previous legislation. Hence the voters do not have to give a unanimous vote, they can give their vote in a different way, i.e. each one maifests its decision independently from the others with a valid vote, blank, null or abstained. To count the absolute majority of the votes must take into account the number of those who present, includes those who vote by letter or proxy although they abstain, if that abstention is not prohibited, or it has provided explicitly for ist own right. Therefore, in these cases, counting the absolute majority on the basis of votes is a violation of law, an abuse |
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| ISSN: | 0034-9372 |
| Contains: | In: Revista española de derecho canónico
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