The Pope's Resignation, A Legal Guide - Law Blog - WSJ

By Jacob Gershman

Pope Benedict XVI, who is stepping down at the end of this month, will become the first pope in six centuries to resign the papal office. The rarity of such an event raises many questions about Catholic law and its handling of this historic transition.

For insights, Law Blog spoke with two experts at the Catholic University of America in Washington, D.C.: Rev. Robert J. Kaslyn, dean of the School of Canon Law and Kurt Martens, an associate professor of canon law.

Q: Can Benedict XVI, who is 85 years old, participate in the conclave, like other cardinals?

Legally, the answer is no, unless he changes the law on his way out, says Father Kaslyn. The laws says you have to be younger than 80 to participate. He points to an ?apostolic constitution? from 1996, a papal decree establishing the norms governing the vacancy of the Apostolic See and the election of the Roman Pontiff. It states:

Those Cardinals who celebrate their eightieth birthday before the day when the Apostolic See becomes vacant do not take part in the election ? This does not however mean that the Cardinals over eighty years of age cannot take part in the preparatory meetings of the Conclave, in conformity with the norms set forth below.

Q: Under what circumstance can a pope resign?

Father Kaslyn says canon law speaks only ?minimally? about the protocol for resignations. ?Cardinals can?t say, no we don?t want you to resign,? he said. The important thing is that Benedict XVI informed the cardinals that he acted with ?full freedom.?

The Code of Canon Law, the basic legal document of the Latin Church, states:

If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone.

That provision was adopted in 1983, according to Father Kaslyn, years after the Second Vatican Council. ?The legal statement about resignation is broad enough to cover a variety of situations that can vary considerably,? said Father Kaslyn.

Q: At what point does the pope cease to be infallible on doctrinal matters?

Canon law states:

By virtue of his office, the Supreme Pontiff possesses infallibility in teaching when as the supreme pastor and teacher of all the Christian faithful, who strengthens his brothers and sisters in the faith, he proclaims by definitive act that a doctrine of faith or morals is to be held.

That means the pope is no longer infallible the moment he leaves office, according to Mr. Martens. Until the next pope steps in, no bishop possesses infallibility, just like the period between a pope?s death and election of a new pope.

Q: Pope Benedict last fall declared a ?Year of Faith? during which Catholics can receive a plenary indulgence for praying for ?the intentions of the Supreme Pontiff.? Do Catholics still pray for Pope Benedict?s intentions to receive the indulgence?

Mr. Martens said Catholics would pray for Pope Benedict?s intentions until the moment he resigns. They would then pray for the intentions of his successor until the Year of Faith concludes in November.

Q: The pope was expected to publish a new encyclical on faith this year. If it doesn?t get published before the end of the month, can the next pope scrap the project?

Yes, says Mr. Martens. If it?s not ready by the time the pope?s resignation takes effect on February 28, it?s up to his successor to decide what to do with it, he said. The authority of the document flows from the office, not the man.

?The successor can say, ?I don?t like it; it?s not my priority.? Then the project dies,? said Mr. Martens. ?Or the successor can say, ?Great I?ll sign it, and it goes under my name.??

As a third option, the next pope can make edits before publishing it.

Q: Is the pope entitled to security protections, like ones afforded to ex-U.S. presidents?

That probably falls into the category of ?to be decided,? said Mr. Martens. ?There?s going to be some form of protection,? he said. ?The reason we don?t have the answer to that is because we?re writing history here.?

Q: How does one refer to a retired pope?

Benedict XVI would technically retain the title, Bishop of Rome Emeritus. ?I doubt he would use the papal titles, but that?s something to be decided on,? said Father Kaslyn.

Source: http://blogs.wsj.com/law/2013/02/11/a-legal-guide-to-papal-resignation/

dark knight rises Aurora shooting James Eagan Holmes jeremy lin Sage Stallone Mermaid Body Found Celeste Holm