The study explores the problem of the status of an auxiliary bishop after the bishopric has been vacated. The author performs an analysis of the regulations of the 1917 Code of Canon Law (Canon 355 § 2) and the 1983 Code of Canon Law (Canon 409 § 2). He demonstrates that in the current legal setting the position of the auxiliary bishop has changed, as he possesses the powers and faculties that he used to hold as vicar general or episcopal vicar before the vacancy occurred. The author shows that the current legal framework has been specifically influenced by the doctrine of the Second Vatican Council and the post-conciliar legislation. He makes a point that the granting of emergency powers to an auxiliary bishop required the ecclesiastical legislator to seek new legislative solutions to legitimise the bishop’s authority. He now exercises it by virtue of the law itself.