A question of 'delicate balance': How might Pope Francis reform the rules of the conclave?
Who will manage the Vatican when a pope resigns, is unable to govern, or passes away? And according to which rules and regulations?
In addition to the Apostolic Constitution Praedicate Evangelium, one of the great topics of discussion for the next consistory will likely be new legislation for the sede vacante, the election of the pope, and the definition of the role of the pope emeritus.
These debates were sparked by the announcement of Pope Francis' trip to L'Aquila for the Celestinian Forgiveness — a journey that increased rumors of a possible resignation by the pope.
However, a reform of the vacancy regulation is simply necessary. The new apostolic constitution abolishes the Apostolic Camera, which was entrusted with managing the administration of the Holy See during the vacant see. Therefore the regulations will have to be updated to include the new method of managing the Holy See in the period without the pope.
The resignation of Benedict XVI and the debate that followed raised another question: How to proceed in the event of an impeded seat; in other words, when a pope might be objectively unable to govern.
This is a crucial issue, given medial progress. Once upon a time, even a pope's life expectancy was simply shortened when falling seriously ill. Today, you can live for years with severe illnesses, such as advanced Alzheimer's disease. If a condition of this type strikes the pope, what should be done?
Will the pope resign?
Geraldina Boni, professor of canon law at the University of Bologna, leads an international research group at the same university that aims to propose Vatican legislation in cases of impeded office and to regulate the office of the Pope emeritus. Boni, who has been a consultant of the Pontifical Council for Legislative Texts since 2011, has also written the book La recente attività normativa ecclesiale: finis terrae per lo ius canonicum?" ("The recent normative activity of the Church: The end of the world for the canon law?"), about some issues raised by Pope Francis' legislative approach.
Speaking with CNA, Boni does not want to make any predictions about a possible resignation of the pope. At the same time, she stresses that "since it is no longer inconceivable for a pope to resign, since his predecessor 'opened a door,' as Francis himself said, this situation must be regulated, possibly together with that of possible cases of serious difficulties relating to the person of the successor of Peter that prevent him from fulfilling his office."
Cardinal Oscar Andrés Rodriguez Maradiaga, president of the Council of Cardinals, also declared on May 5 that the question of renunciation was a topic only mentioned during the working sessions of the Council, but that what the Code of Canon Law provides for the pope's resignation will have to be more comprehensively regulated.
"It seems to me to be the first time that, at these levels, regulatory urgency is recognized on this specific point," the expert notes.
Boni speculates that the Jesuit Father Gianfranco Ghirlanda, a canonist very close to Pope Francis, has been entrusted with studying some possible reforms. Ghirlanda will be created cardinal in the consistory of Aug. 27.