Public Juridic Persons (PJPs) have come to the fore in the practice of governance within the past 20 years, and are derived as a mechanism of Canon Law within the Catholic Church, but recognized in civil law, for the purpose... [ view full abstract ]
Public Juridic Persons (PJPs) have come to the fore in the practice of governance within the past 20 years, and are derived as a mechanism of Canon Law within the Catholic Church, but recognized in civil law, for the purpose of sustaining healthcare, education and welfare into the future. The more general juridic person is common. In the civic world, it can be a city, company or club. But in the Church world, it is a creation of governance that uses resources for the Church’s mission.
This paper focuses on ‘Ministerial PJPs’, which did not really exist at the time of the foundation of IRSPM, but have a very real contribution to current research and discourse about non-profit governance within the Society, and the public funding and engagement of such organizations in the provision of services.
Ministerial PJPs grew out of the revised 1983 Code of Canon Law as a new form of PJP where laity join traditional religious/clerical PJPs in the sponsorship and governance of works of the Catholic Church. Changing circumstances required the governance of ministries continue to be transferred to laity with clear canonical responsibilities. This emergent governance provides the framework and processes of accountability, transparency and disclosure in ministerial works, much of which can receive public funding.
The number of Ministerial PJPs being approved changes weekly. The Canadian Catholic Congregational Management (CCCM) amalgamated over 10 religious institutes across Canada as a PJP with Pontifical right. In 2015, it rebranded as Canadian Religious Stewardship (CRS) under both canon and civil law. CRS controls a number of hospitals and has extensive revenue. In Australia, there are currently 14 Ministerial PJPs comprising over 100 health, education and welfare organizations, with substantial assets and revenues. The reach into the lives of Australians in healthcare and education alone is considerable. But Australia’s size and influence is dwarfed by the number of facilities and revenue of PJPs in America such as the Ascension, Covenant and Trinity PJP health systems; and the subsequent reach and impact of linkages into Ireland, Asia and Africa. In Europe, like-minded church congregations, such as Hospitaller Order of Saint John of God and the Sisters of Bon Secours in Ireland (and others) are currently forming alliances and potentially Ministerial PJPs, albeit at a slower rate.
The significance of change in the governance of Catholic health, education and social services are two-fold. Firstly, that policy formulators can learn from understanding the decisional hierarchy in new and emerging amalgamations of church organizations providing public services. The current emphasis on co-production, engagement, inter-dependency in public management discourse suggests value in knowing who one engages with in collaborative policy formulation and implementation. Secondly, research on organizations receiving funds for the provision of services is within the ambit of public management, and while governance mechanisms and processes can vary, PJPs bring complexity in negotiating the formulation of policy and service priorities.
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