Capita Selecta IB
Prof. M. Pulte
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Syllabus:
1. Introduction and interpretation attempts on the term Synodality
1.1. Viewpoints of different German Canon Law Schools
2. Historical Background in Germany
2.1. Wurzburg Synod 1971-1975
2.2. Pastoral synod in the GDR 1973-1975
2.3. Discussion process “Believing today” 2011-2015
2.4. M-H-G Study on sexual abuse of minors 2018
3. The Synodal Path in Germany
3.1. Structure and workflow
3.2. Canon Law framework
3.3. The letter of Pope Francis 2019
3.4. The statutes
3.5. Rules of procedure
4. Legal aspects of the final drafts of the paper addressed to the Synodal assembly
4.1. Selected items from Forum 1 to 4
5. Warnings from Rome
6. Legal appreciation of the Synodal Path
Exam information
 Please write a paper of about 8 to 10 pages (Din-A 4 or equivalent, Text
12pt. Times New Roman, Footnotes 10pt TNR)
 Topic: Compare the situation of the universal synodal movement and the situation
in your diocese with the German Synodal Path from a legal point of view.
o Not from a doctrinal point of view; all of us has our doctrinal positions
regarding synodality, but they are not relevant from a legal point of view
 Concentrate on the legal things:
o Opinions/ interpretation attempts of synodality in Belgium
o What about the synodal process in your diocese?
o What about the participation of all groups of the people of God, in the
universal synodal process now? Did the bishops or the responsible persons
in your diocese open the horizon for the people? Did they activate the
people of God just to give their opinion? In accordance with the bishop’s
opinion or not, that doesn’t play any role. The idea of the synodality in
Pope Francis’ mind is just to get an impression of what the people are
thinking. What he does with these things is totally different.
From a legal point of view: what about opening the horizon for the people
of God to participate in this process?
o What about disciplinary and doctrinal issues in this process? How were
they filtered?
o What is your idea of doctrinal and legal development in the Church?
o What is your impression from the German experiment? Is this a danger for
the unity of the Church or has it an assisting function for other particular
Churches? Give arguments from a legal point of view.
 Don´t write a doctrinal but a canon law paper!
 If there is no participation in the worldwide synodal process in your diocese please
write about this situation, give reason for this, and weigh the decision of the
respective authority in the light of Canon Law.
 Date of submission is according to the general submission dates of the Faculty of
Canon Law. It is also possible to send the paper earlier. But please always submit
to the Faculty (Levi).
 Bibliography in the footnotes, short table of content
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A German experiment – The Synodal Path
H1 – Introduction and interpretion attempts
I.
Introduction
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II.
“A German experiment” because of the fact that not only worldwide, but also in
Germany, the process is supervised by quite a lot of persons, theologians, …
Title of the course: “Synodality in Germany, some legal aspects of an experiment
besides the universal law”
Synodality in Germany has some legal aspects of an experiment besides the
universal law
Question: how do we have to understand the term “synodality”?
o A multidimensial definition that draws from different traditions
o These exists alongside the canonical classification that must nescessarily
be made here
Core problem of the conflict between Apostolic See and the Church in Germany
since 2019: clear divergence in the understanding of the basic terms
o Thus, there is also the danger of continuing to talk past each other
In the aftermath of VATII, which understood the Church more strongly as a
communion of the faithfull and the churches, the concept of synodality has again
received more attention
o Core problem: The Council documents and also the Code do not use the
term Synodality
o It is therefore a reflective term of theology and canon law science
The starting point of all debates about synodality: the ecclesiology of the people
of God of the VATII (Lumen Gentium 9-17)
o However, this must not be compared with the function of modern
parliamentary democracy because this if fundamentally different
o A one to one adoption of these ideas would lead to an alienation of the
Church itself (Ernst Wolgang Böckenförde)
The church has a constitution of its own kind, whose analogy of loose adaption to
the constitution of secular democracy is fundamentally forbidden
o In particular, the understanding of popular sovereignty is not transferable
to the understanding ecclesiastical authority
The problem for all debates about synodality: even theology and canon law does
not use the term uniformly, but understand it quite differently
Interpretation attempts
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Attempts at explanation:
o Mörsdorf–Aymans (Munich School of Canon Law)
o Eugenio Correcco (Lugano)
o Johannes Neumann (Freiburg)
o Richard Puza (Tübingen)
o Heribert Heinemann (Bochum)
All of them did their academic work about synodality and collegiality during the
1970’s and early 80’s
1. SCHOOL OF MUNICH
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Aymans has devoted a deep study to the study of synodality in the year 1979
o Starts with an analysis of the early church councils and synods &
understands synodality as a form of the church as communio ecclesiarium
whose purpose is to make the community of the many particular churches
visible and integrated into the overall church unity
He understands synodality as a function of episcopal collegiality
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o It is function of the exercise of episcopal power of gouvernance
Therefore the principle of conciliarism is to be distinguished from the principle of
synodality which is founded in the church as communio fidelium & whose
theological place is to be found in the legal institute of the particularized churches
2. EUGENIO CORRECCO
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Assumes a non-identity of synodality and conciliar activity of the bishops because
otherwise the former would only be reduced to an extraordinary or subsidiary
phenomenon of the exercise of the episcopal ministry
Synodality = an essential dimension of the episcopal ministry itself, in which
personal and synodal elements come together
This complexity is founded in the sacrament of the Holy Orders & determined by
the principle of ecclesio communio
o The sacramentally based personal dimension enables the individual bishop
to represent Christ
o The synodal dimension of the episcopal office (which for him means the
multiplicity of ministers united in sacrament) enables the representation of
the church as communio ecclesarium
Both the Munich school & Eugenio Correcco have in their viewpoint synodality as
an act of the clergy
o The people of God, in these theories, are not mentioned
3. JOHANNES NEUMANN
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Very remarkable canon lawyer
o Dismissed from service in the 1970’s after VATII, lost his chair in Freiburg
o Is now the most relevant canon lawyer for the protagonists of the synodal
part in Germany
Makes a distinction between synodal bodies (councils, diocesan synods), collegial
bodies (college of cardinals, the cathedral chapters), quasi-synodal bodies (synod
of bishops, bishops’ conferences, pastoral councils) & a new type of particular
ecclesiastical synods that emerged following VATII (e.g. Wurzburg Synod)
All these structures belong to genuine canon law: they are the legal expression of
the structural principle of fraternity which is essential to the church & which is
concretized in collegial consultation and synodal action
What is to be understood by this must be reinterpreted in the retrospective
historical context
o The synodal element is realized where the participants are not only allowed
to express their opinion freely, but also have a say in decision making
under the law
o This is the core understanding of synodality now in Germany
4. RICHARD PUZA
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Close bond to KU Leuven
Continues the reflections of Neuman & tries to define the relationship between
democracy and synodality
This seems to be an approach favored by the protagonists of the synodal way in
Germany
He starts from the premise that the VATII clearly emphasizes the participation of
all believers in the mission of the church
o This implies more opportunities for participation and co-determination in
the church than before
Synodality would therefore be expressed in the principle of the participation of all
baptized in the governance of the church
o Therefore all believers must be given their rightful place in the synodal
bodies of the church
In his understanding, synodality means democratization of the church
o He goes one step forward than Neumann did
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In the documents, we do not find any reflection or references to these autors in
the documents
o It is one of the most critical points from the Roman Curia, the Pope & the
cardinals during the ad limina visit: they said that this are papers without
references, they are produced from scientists without footnotes
5. HERIBERT HEINEMANN
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Canon lawyer at Bochum University and vicar general of the Diocese of Essen
All these canon lawyers did their academic work about synodality and collegiality
during the ‘70s and early ‘80s
Is not going down this path: instead of democratization, he would like to speak of
a stronger synodalization of the church
o That would be more appropriate from a factual point of view
o It’s not only about reviving old institutions, but also about the search for
new forms of participation of the people of God
The conciliar term “synod” expresses the common responsibility of the people of
God for the life and mission of the church as emphasized by the council
o For this reason, new forms of representation of the people of God in
particular churches are to be guaranteed, which have not been yet taken
up in the Code
o He mentions diocesan forums, pastoral discussions and other formats as
examples
We will come back to such a forum or discussion when we look at the discussion
process Believing Today which was a process for all over Germany
o Prior to this, there was another process in quite a lot German dioceses
between 1995-2000, but this was more a process on structural problems
(e.g. how to restructure the dioceses)
The only relation regarding single part or where we computed is what they think
or what the protagonists of this little part in Germany think can be put under a
legal perspective under the theories of Johannes Neuman and Richard Puzza
o They are the most relevant persons regarding democratization in the
church, all other authors like Coreco or Heinemann do not apply to this
o Heinemann and Coreco just stay in the tradition, at least in the pre
conciliar tradition, to see that synodality is something for clerics & the laity
is only to say the dust at the bottom of the hill of the church
o And opposite to this viewpoint, and even regarding the fact that HeriBert
Heinemann as a young man also studied at Munich and was brought up
with this Canon law tradition of Mercator, he just developed a bit more and
said: “Well, we have had second Council and we have the theology of the
people of God. But participation of the people of God means in Second
Vatican Council, we just have to reflect on this and we have to find ways of
participation. Are the people of God, which are in accordance to the core
elements of the doctrine of the church and following with which are in
accordance with the discipline of the church.” But it is easier to change the
discipline than the doctrine, of course.
We have to ask ourselves if the term democratization from a legal point of view, is
the right term.
o If we follow the doctrine of the of the Second Vatican Council, we can see
that that church itself is not a democracy
o It is a hierarchical society where everybody has his and her place, and
where the people of God, the laity has its place, especially regarding
decision making
o For example temporal goods cannon 494 about the diocesan financial
counsel: Even if we read in the cannon that they are consultative to the
Bishop, the consultative vote of this Council of experts should be the core
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element for the Bishop to follow these advices, because he is not a
financial expert normally
Being an expert in financial affairs is not given with the sacred order, it is
given by certain education and those of you who serve as parish priests
always have problems with the financial things, they have to discuss it with
the people and if you don't follow the advice of the experts in the parishes
you will fail in financial affairs
And therefore I would say even a consultative vote is more than the word
says. If we have a responsible shepherd leading the diocese or the parish,
but what do we do with those shepherds who are not responsible?
This is one of the points where we have to discuss how to strengthen the
consultative vote of the people, or should it be more decision making and
could a bit more decision making be according to the law and to the
doctrine of the church? And in which fields? Could this be an element?
Conclusion:
 The concepts presented here shows that ecclesiastical legal culture is not
something given by nature, but a historically evolved variable.
o Against this background, the development of legal forms and structures
cannot be seen as a decline in ecclesiastical legal culture
o On the other hand, one must always consider that to what extent these
changes are compatible with the theological and legal principles of the
church
 Canon Law itself is not statical but always in process.
 The reception of new synodal forms by the highest ecclesiastical authority is also
important to determine their conformity with the ecclesial principles of the
Catholic Church
o From the perspective of Canon law it must be fundamentally stated that
the new synodal processes cannot replace the canonical organs of the
church constitution
o In the struggle for a synodal church in the 21st century, where we are in at
the moment, all those involved should not lose themselves in disputes
about the forms of participation and thus jeopardize the opportunities for
more synodality in the church
o However, due to the continued dissent between Rome and Germany, there
is a great danger here, right now. So this is the situation we are in and this
gives us some certain problems in this whole discussion.
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H2 – Historical background
 Historical background for a better understanding of the single pathway in
Germany
 Not important if we follow these ideas or not, it is helpful to look back at the
historical forerunners of this example of collaboration between the laity and the
church hierarchy.
I.
Vatican II: Apostolicam actuositatem
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Decree of the lay apostolate Apostolicam Actuoasitatem of the Second Vatican
Council
Can be seen as the initial document to activate lay participation in the Catholic
Church
Before this, we only had the old code of Canon Law cannon 682 and 684
o Canon 682: the laity has the right to receive the sacraments from the
clergy
o Canon 684 is about the fact that the laity has the right to be member of
associations which are recognized by the Apostolic See (in contrast to what
we find in Canon 215: the right to freely erect associations)
So and now we see Second Vatican Council, as I put the wording here on this slide
is very important
AA2: In the church, there is a diversity of ministry, but the oneness of mission.
Christ conferred on the Apostles and their successors the duty of teaching,
sanctifying and ruling in his name and power. But the laity likewise shares in the
priestly, prophetic, and royal office of Christ, and therefore have their own share
in the mission of the whole people of God in the Church and in the world.
o So it’s not only the office in the world which is often pointed out by the
Roman Curia as the main important job of the laity, even Pope Francis is
amalgamating through the theology of Vatican II
o The other time he said that one time he reflects on Apostolicam
actuositatel and the other time he said “well, decision making is a question
of the authority of the church, the clergy and the laity should concentrate
on their ministry in the world”
o This reflects only on the last half of the sentence of Apostolicam
Actuositatem dnd Lumen Gentium
The hierarchy should promote the apostolate of the laity, provide it with spiritual
principles and support, direct the conduct of this apostolate to the common good
of the Church, and attend to the preservation of doctrine and order. Indeed, the
lay apostolate admits of different types of relationships with the hierarchy in
accordance with the various forms and objects of this apostolate. In the Church,
there are many apostolic undertakings which are established by the free choice of
the laity and regulated by their prudent judgment. The mission of the Church can
be better accomplished in certain circumstances by undertakings of this kind, and
therefore they are frequently praised or recommended by the hierarchy. (AA 24)
o Pulte thinks AA is one of the documents which in practice in the last 50
years is not sufficiently received in quite a lot of dioceses in Germany and
worldwide, and from his perspectives this is one of the core problems we
have now at the moment
o Talking about democratization in the church, that is not the viewpoint of
the Second Vatican Council
o The viewpoint of the Second Vatican Council is just to take for sure what
people of God say and what they invest from their private lives for the
development of the church. The church definitely take this for sure at the
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II.
moment, it may be different in certain dioceses and certain parishes, but
this is what Vatican II Council says
o We need to receive what Vatican II Council says & that may open certain
horizons and also for the development of Canon law regarding the question
how the participation of the laity in the field of decisive votes can be. How
far can we go in this field?
In dioceses, insofar as possible, there should be councils which assist the apostolic
work of the Church either in the field of evangelization and sanctification or in the
charitable, social, or other spheres, and here it is fitting that the clergy and
Religious should cooperate with the laity. While preserving the proper character
and autonomy of each organization, these councils will be able to promote the
mutual coordination of various lay associations and enterprises. Councils of this
type should be established as far as possible also on the parochial, interparochial,
and interdiocesan level as well as in the national or international sphere. (AA 26)
o One of the most important passages & the legitimization for the workbooks
in it on the one side and the typical German concept of parish councils on
the other side
o Because these parish councils in Germany has the power of decision
making; the parish priest only has a last vote if he is against the decision
because of severe pastoral reasons, otherwise he has to follow the decision
of the Pastor Council
o It's not according to the code: the Roman Curia doesn't like this, but we
have it more than 50 years now and it works, and from my parish
experiences these Parish Councils do not do anything against the definitive
will of the pastor
The same with the Parish finance councils in Germany: they have decisive votes
because of the Church-state relation in Germany
o It normally it was always to the best of the parish, it is not against.
o AA says it is not against the principles of the Church in these fields
After Vatican II, there was a spirit of optimism in the Catholic Church on the one
hand & uncertainty and confusion among many laypeople and priests on the other
hand
Numerous diocesan synods were held worldwide to discuss the implementation of
the Council's decisions
o For example, the Councils in the archdioceses of Vienna, Salzburg and
Hildesheim as pioneer projects
In 1966 the Dutch Catechism was published
o It was an early attempt at a post conciliar theology for wider circles
o Denounced in Rome for heresy
o Very high under discussion, but was important and had some certain
influence in its German translations
Wurzburg Synod in the FRG 1971-1975
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At the Catholic Day in Essen (September 1968), the group Critical Catholicism
called for a pastoral synod
In June 1968, the auxiliary bishop Heinrich Tenhumberg suggested to the main
commission of the German Bishops' Conference (DBK) that they think about forms
of democratization in the church
o Because the hierarchical structure of the church sets a limit to the
democratization tendencies
o One should counteract the exaggerated and dogmatically misguided claims
of the official church and at the same time meet the legitimate demands of
many believing Christians for moderate joint responsibility and codetermination
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Tenhumberg therefore proposed joint consultations between the DBK and
the Central Committee of German Catholics (ZdK), which could "if
necessary [...] be regarded as a preliminary stage and preliminary exercise
for a later form of a national synod"
o In doing so, he initiated the Würzburg Synod.
In January 1969 the first meeting of the joint study group of the German Bishops'
Conference (DBK) and the Central Committee of German Catholics (ZDK) took
place
o She proposed a joint synod of the dioceses in the Federal Republic of
Germany
o Thanks to Bishop Hengsbach, tenacious resistance to the plan for a
pastoral synod was overcome; the implementation of the joint synod was
decided by the German Bishops at the end of February 1969
o The task of the synod was to promote the implementations of the decisions
of the Vatican II Council
The Synod was convened by the German Bishops' Conference in February 1969
o It was an institutionalized dialogue of voting bishops, priests, religious and
lay people from all German dioceses
o The president of the synod was Julius Cardinal Döpfner, he was one of the
main protagonists of the synod
o Critics like the Bishop of Regensburg, Rudolf Graber, were firmly opposed
to the synod
o Joseph Ratzinger, then Professor of Dogmatics and History of Dogmas, who
was asked to participate, withdrew from the synod in a very early stage
o On the opposite, Karl Rahner participated
o Karl Forster, secretary of the DBK and secretary of the synod, played a
part in the establishment of the synod
o Influential lay synods included Walter Bayerlein, presiding judge at the
Higher Regional Court in Munich and member of the board of the diocesan
council of Catholics in the archdiocese of Munich and Freising, Hans Maier,
professor of political science at the University of Munich and Bavarian
Minister of Education, Wilhelm Sandfuchs, head of the church radio
department at Bayerischer Rundfunk (BR), and Josef Stingl (1919-2004),
from 1968 to 1984 President of the Federal Labor Office in Nuremberg.
Similar efforts were also made in the GDR: as early as 1969, Bishop Otto
Spülbeck opened the Meissen diocesan synod in the Hofkirche in Dresden
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LEGAL IMPACT
The synod was an institutionalized dialogue of voting, bishops, priests, and
religious and laypeople from the Western German dioceses
o From the point of view of Canon law, the special feature of this was the
fact that not only the bishops as the successors of the apostles passed the
resolutions, but all synod members: laypeople aswell as clergy had equal
voting rights
o Therefore, the Wurzburg Synod represents a unique novelty
Not only a minority of laity but the diversity of the whole People of God was
representatively represented here.
All participants had equal voting rights in the passing of resolutions.
Unanimity was not necessary for passing resolutions, but already a 2/3 majority
was sufficient.
The bishops had to explicitly approve the decisions of the synodal members in an
additional act for them to become binding norms; however, this approval could
only be withheld if reasons of faith and morals or a violation of fundamental legal
norms could be asserted
Legally it was regulated in such a way that the laity had a decisive vote while the
bishops were left to the right to veto
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The particularities of Canon law can be summarized as follows
o The lay was represented in a numerical adequate proportion: 314
members in total and over 100 lay people
o The synodal members were largely elected in the dioceses, otherwise they
were sent by the Bishops Conference or the Central Committee of German
Catholics and the working communities of men's and women’s religious
orders
o All participants had equal voting rights in the adoption of resolutions: an
unanimous vote was not required for the adoption of resolutions, only the
2/3 majority were sufficient
o The bishops had to explicitly approve the decisions of the synod members
in an additional act for them to become binding norms, they had to do so
in their dioceses
If we go on further this week, we will see that there is a certain difference to the
central path in Germany now where we do not have the right of the bishops to
veto
o And if we see from what has been taken place last year, and from my
personal point of view, that was a real catastrophe that the chairman of
the Bishops Conference picked up every Bishop and had a one to one
audition with him and told him how to vote. He put more pressure on
bishops.
o In such processes of decision making, every person has his right to decide
to his opinions. And nobody has the right to put some certain pressure on
them if they are Bishop or pastor or layperson.
Results
The General Assembly promulgated 18 resolutions, of which the authority and
binding force vary: these are ordinances, recommendations, and wishes
"Our Hope. A Confession of Faith in this Time": this text by the fundamental
theologian Johann Baptist Metz (1928-2019) is still only a quoted theological draft
today (2021)
"Religious Education in Schools": text on religious education founded religious
education theologically and in terms of school pedagogy, it made the experiences
of the pupils the starting point of the lessons.
"The participation of the laity in preaching": this resolution was massively
curtailed in the confrontation with Rome, a room for manoeuvre that arose in the
process was closed again with the Church Law of 1983.
"Aims and tasks of church youth work": this resolution systematised already
existing approaches such as the diaconal dimension of youth work or the concept
of the "personal offer".
"Christianly lived marriage and family": this controversial resolution could not
overcome the insignificance of church teaching in questions of sexuality and
relationships. It did, however, emphasise the importance of conscience and
strengthened a pastoral-solidarity attitude over a moral-condemnatory one.
"The pastoral ministries in the congregation": It marked out guidelines for the
pastoral minister's vocation and also addressed sensitive issues such as the
diaconate of women.
"Responsibility of the whole people of God for the mission of the Church": It
ordered the structures of co-responsibility (councils) at different levels. The Joint
Conference of DBK and ZDK was established.
Individual expert commissions adopted also 6 working papers:
o The Catechetical Work of the Church
o The need for the present and the service of the church
o The meaning and shaping of human sexuality
o Tasks of the Church in State and Society
o Church and social communication
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German Pastoral Institute
All these documents had been published and found their way in the dioceses
o Not immediately in every dioceses, sometimes it took some time (e.g. for
the Pastoral Council)
If you scan all these documents, you won’t find anything regarding doctrinal
things
o However, the allowance of lay peope to hold homily is a doctrinal problem
o The unity of the Word and the Liturgy of the Eucharist, the unity in the
holy Orders, has to stay together and therefore only clerics are allowed to
hold the harmony
o Rome had the same idea from 1975 and from 1978 until 1969, when
Cardinal Ratzinger refused to indulge for the lay preaching in Germany
o So not every diocese allowed the lay pastoral workers to preach on
Sundays in the Holy Eucharist
The severe doctrinal problem is what we now discuss in Germany about
development in moral theology
o That are severe doctrinal questions that have to be discussed prior to any
activity or any
o That was not the idea of the Wurzburg Synod: the idea of the synod was to
establish pastoral counsel with decisive vote to have administrative courts
just according in the broader field to what we have later on in Canon 221
regarding the defense of their rights: the legislator gives to all the people
of God the right defends their rights. This has to be in every field of law, of
course, not only in penal law and marriage law, finances and so on and so
forth, but also regarding administrative acts.
o That was the idea and definitely quite a lot of the papers of the workbook
Synod were given to Rome, and not all of them or none had been accepted
by the Apostolic See
III. Pastoral Synod in the GDR 1973-1975
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Resolutions:
o Faith Today
o Diakonia in the congregation
o Aspects of the preaching ministry of the congregation
o Ministries and orders in the life of the congregation
o Ecumenism in the area of the congregation
o Preparation for marriage
o Accents of Christian life in marriage and family
o The Christian in the world of work
o Ministry of the church for reconciliation and peace.
In addition to the resolutions, the most significant result was that the synod had
been a "spiritual process", a "learning process", a documentation of the "spiritual
forces of the diaspora church in the GDR" and an "organisational masterpiece".
The discussion process of the German Bishops’ Conference
“Believing today” in 2011-2015
About
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300 participants in working groups, discussed questions of:
Liturgy
the treatment of remarried divorcees
the advancement of women especially the question of women’s ordination
church labour law, especially regarding the obligations on loyalty and the
resulting grounds for termination.
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V.
Structures of orderly dialogue that were agreed upon with the ZdK.
It was no consultation process that would have resulted in decisions or firm,
legally binding agreements.
M-H-G Research study on sexual abuse of minors in the
Catholic Church in Germany
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The entire project was divided into seven sub- projects (SP1 to SP7):
o SP1: Analysis of structural data of the dioceses.
o SP2: Interviews with affected persons as well as accused and non-accused
clerics
o TP3: Analysis of criminal records
o TP4: Prevention concepts and aspects
o SP5: Literature research and analysis
o TP6: Analysis of diocesan personnel files
o TP7: Internet-supported anonymised questioning of affected persons
Basic legal dimensions of inadequate handling of perpetrators and victims
o Sanctions of the church against accused persons: 33. 9 %
o Transferral of accused persons due to sexual abuse.
 with transfers within their respective home dioceses: 91.8 %.
 transfer of diocesan priests from one diocese to another 33.2%.
 The majority of these transfers were not accompanied by
appropriate information from the receiving parish or diocese.
o Maintenance of personnel files
II – The ‘binding Synodal’ Path
I. Structure and workflow
 How did the "Synodical Path" come about?
o Spring plenary meeting in March 2019
o Goal: to come to terms with the abuse scandal and the MHG study
 What is meant by „Synodal Path"?
o A structured debate around defined questions over an agreed period of

time (1 Advent 2019 - originally 2021) together with the ZdK
Four forums:
o Ecclesiastical Power, Participation of the laity, Separation of Powers
o Sexual Morality to be reviewed
o Priestly Existence today
o Women in Ministries and Offices of the Church
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II. Canon Law Framework
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Universal Church level
o Canons 342–348: Synod of Bishops on the level of the universal Church.
o Canons 345 and 346 on synodal assemblies (ordinary, extraordinary,
special)
Particular Church level
o Can. 439: Plenary Council
o Can. 440 Province Council
The idea behind:
o Card. Reinhard Marx: The idea is to "follow a binding synodal path as the
Church in Germany, which allows for structured debate and takes place in
an agreed period and does so together with the Central Committee of
German Catholics. We will create formats for open debate and commit
ourselves to procedures that enable responsible participation of women
and men from our dioceses. We want to be a listening church. We need the
advice of people outside the church."
No option for a particular Synod?
o Not according to the Code
o But possible generally with an indult of the Apostolic See
o No request from the DBK to such an indult.
o Possibility for the laity to participate with a consultative vote and the
promise of the bishops not to ignore these votes
III. The 2019 letter of Pope Francis
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Pope gave some statements about what he thought should be necessarily
How does the Pope understand synodality?
o 3. (...) “Synodality from the bottom up, that is the need to take care of the
life and good functioning of the diocese: the councils, the parishes, the
involvement of the laity ... (cf CCC 469-494), to begin with, the dioceses:
one cannot make a great synod without going to the base ...; and then
synodality from the top down”, which makes it possible to live in a specific
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and singular way the collegial dimension of the episcopal ministry and
ecclesial life.
o
“Quod omnes tangit, ab omnibus approbari debet”. Boniface VIII, Liber
Sextus, Regula XXIX.
What about Church reforms and the primate of evangelisation?
5. (...) I remember that in the meeting I had with your pastors in 2015 I told
them that one of the first and greatest temptations in the Church was to believe
that the solutions to current and future problems would come only from purely
structural or bureaucratic reforms, but that, at the end of the day, they would not
have touched the vital nuclei that need attention. “It is a sort of new Pelagianism,
which leads us to place trust in administrative structures, in perfect organisations.
Excessive centralisation, rather than helping, complicates the life of the Church
and its missionary dynamic (cf Evangelii Gaudium, 32)”.
(...) At the heart of this temptation, there is the thought that faced with so many
problems and shortcomings, the best response would be to reorganise things,
make changes and indulge in “mending” in order to adapt the life of the Church to
the prevailing logic or the logic of a particular group.
(...) This would be the great sin of worldliness and of the anti- evangelical worldly
spirit”. There would be a good, well- organised and even “modernised” Church,
but with no soul or Gospel newness. We would live a vapid Christianity with no
evangelical flavour.
(...) True transformation responds to needs arising from our life of faith and from
the evangelizing dynamic of the Church. It requires pastoral conversion. We need
an attitude that, by trying to live and reveal the Gospel, breaks with “the grey
pragmatism of the daily life of the Church, in which all appears to proceed
normally, while in reality faith is wearing down and degenerating into smallmindedness”.
9. (...) The challenges we face, the different questions to be addressed cannot be
ignored or concealed: they must be faced, but without being trapped in them,
losing perspective, shrinking the horizon and fragmenting reality. “When we stop
in the conflicting situation, we lose the sense of the profound unity of reality”.
11. A synodal perspective does not do away with conflicts or perplexities, nor do
conflicts remain subordinate to syncretistic resolutions of “good consensus” or
resulting from the elaboration of censuses or investigations on this or that theme.
This would be very reductive. Synodality has evangelisation and the sensus
ecclesiae as its background and heart. These are determinant elements of our
ecclesial DNA and demand that we consciously assume a way of being Church in
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which “the whole is greater than the part, but it is also greater than the sum of its
parts.
IV.
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In search of the right statutes
The statutes are from legal point of view the most interesting thing
The draft of the organization committee: decision making - decision taking
Art. 3 ( 2) states: “The Synodal Assembly is the supreme body and takes the
decisions. The members of the Synodal Assembly have equal voting rights.”
Art. 11 Passing of resolutions.
(1) The Synodal Assembly of the Synodal Path passes resolutions for the final
determination of the results of the deliberations. It has a quorum if at least twothirds of its members are present.
(2) The resolutions require a two-thirds majority of the members present, which
includes a two-thirds majority of the members present of the German Bishops'
Conference.
(3) At the request of a quarter of the members present, special votes shall be
published on resolutions adopted in final votes.
(4) Votes are always taken in public. This does not apply to personnel decisions or
votes that can be taken by secret ballot at the request of at least five members of
the Synodal Assembly.
(5) Resolutions passed by the Synodal Assembly have no legal effect of their own
accord. The authority of the Bishops' Conference and of the individual diocesan
Bishops to issue legal norms and exercise their magisterium within their
respective spheres of competence remains unaffected by the resolutions.
The alternative draft
1. confronts the basic themes of mental and spiritual renewal as set down by Pope
Francis.
2. allows for a just and balanced composition of all synodal institutions (the
synodal general assembly; the synodal praesidium; the synodal forums; the
observers; the guests) by including all the relevant groups of the Catholic Church
in Germany.
3. maintains the teaching and leadership authority of the bishops.
4. emphasizes that the magisterially clarified topics, remain outside the
discussions to avoid creating unrealistic expectations.
Legal appreciation: see PowerPoint
V. Rules of procedure
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§ 6 Voting and decision-making in the Synodal Assembly
o (1) At the beginning of each meeting, the chair of the meeting shall
establish the quorum. The Synodal Assembly shall be deemed to have a
quorum as long as the absence of a quorum is not expressly established
upon request.
o (2) Unless otherwise provided for in the statutes and these Rules of
Procedure, voting and decision-making in the Synodal Assembly shall be by
a simple majority of the members of the Synodal Assembly present.
o (3) If, in accordance with § 5 (3) l, a request is made for a separate vote
of the female members of the Synodal Assembly present, the majority of
the female members of the Synodal Assembly present necessary for the
respective resolution shall be required for the adoption of the resolution.
§ 13 Adoption of a resolution in the Synodal Forums
o Proposals for the Synodal Assembly require an absolute majority of the
members of the Synodal Forum.
§ 3 Chair of the meetings of the Synodal Assembly
o (1) The Synodal Assembly shall adopt the agenda at the beginning of the
meetings.
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o
o
(2) The presidents of the Synodal Path shall preside over the Synodal
Assembly. (cf. Art. 6 para. 2 SaSW). They shall open and close the
meetings.
(3) The Synodal Committee shall determine the chair of the meeting. The
chair must be composed of equal numbers of men and women.
H4 – Legal aspects of the final drafts of the paper addressed to
the Synodal Assembly
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These are the papers which are of highest interest for the catholic, the core
elements
I. Forum I
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Forum
o
o
o
I: Ecclesiastical Power, Participation of the laity, Separation of Powers:
“Involvement of the faithful in the appointment of the diocesan bishop”
“Joint consultation and decision-making”
“Ombudsperson’s Office for the prevention and reappraisal of abuse of
power by persons of authority in the Church”
o “Sermon regulation”
Appointment of bishops
o “Under the Church’s current law and Concordats, the following forms of
participation are open to the diocesan people of God: a right of co-decision
in the preparation of the list of candidates, and a right to be heard prior to
the selection being made from the list of candidates. These two rights can
be realised through a voluntary undertaking on the part of the respective
cathedral chapter. To this end, the respective cathedral chapter issues a
binding regulation stating that the following procedure is to be followed
where a bishop is to be appointed: The Synodal Council of the diocese
elects a body that has as many members as the cathedral chapter, and
supports the chapter in exercising its rights in the process of appointing a
bishop. The same confidentiality rules apply to the members of this
gender-balanced body as to the members of the cathedral chapter.
Together with the chapter, this body determines the list of suitable
candidates, which the cathedral chapter sends to the Apostolic See. In
those dioceses where the Prussian or Baden Concordats apply, the
cathedral chapter furthermore undertakes to consult the participation body
elected by the Synodal Council of the diocese before making its selection
from the list of three from the Apostolic See. The body is entitled to make
a selection recommendation to the cathedral chapter by a majority vote. A
model regulation is drawn up for synodal participation in the appointment
of bishops outlined here.
o In addition, the Synodal Assembly also sees a need for further changes: a
body representing the people of God in the diocese, and exercising the
right to vote in coordination with the Apostolic See, seems to make sense.
The extent to which this is possible within the framework of the current
Concordats needs to be clarified more precisely.”
Joint consultation and decision-making
o “1. The bishop issues a framework regulation for his diocese in which the
joint responsibility of the faithful and of the bishop is bindingly regulated
by the rights of co- consultation and co-decision of representatively-elected
faithful. The pastoral situations, which differ regionally, are also to be
taken into account when issuing this code, as are the previous experiences
and structures of the local church. In order to secure the rights of coconsultation and co-decision, a Synodal Council of the diocese is either
newly established or further developed from the existing councils. This
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council jointly discusses and decides on all matters of diocesan
significance. Such topics include pastoral planning and future perspectives,
crucial financial decisions, as well as central changes in personnel planning
and personnel development. As stated above, the bishop undertakes to
abide by this code against the background of can. 127 CIC in conjunction
with can. 129 CIC. The following minimum standards apply to this code:
o The Synodal Council of the diocese is elected in free, equal and secret
elections. Its composition reflects the people of God in the diocese. The
council may co-opt additional members by majority vote.
o The Synodal Council of the diocese is co-chaired by the bishop and a
chairperson elected by the council.
o The Synodal Council of the diocese can modify draft decisions of the
bishop, or make its own decisions on matters of diocesan significance.
o If the bishop approves a decision of the Synodal Council of the diocese,
this decision is legally effective. If no legally-effective decision comes about
because the bishop does not concur with it, a new consultation takes place.
o If no agreement is reached here either, the council can contradict the vote
of the bishop with a two-thirds majority.
o If no agreement is reached because the bishop also contradicts this
decision, a conciliation procedure is initiated the conditions of which have
been established in advance, and to which all concerned undertake to
adhere.
o Optional priests’ council: The priests’ council is integrated into the Synodal
Council of the diocese and, independently of it, only discusses topics that
exclusively concern priests or that are reserved for the priests’ council
according to the applicable law
Ombudsperson
o The Catholic Church in Germany has set up and resourced a cross-diocesan
Ombudsperson’s Office which is not subject to instructions in order to
prevent and resolve abuses of power on the part of individuals holding
responsibility in the Church.
o A legal entity is set up for the Ombudsperson’s Office, e.g. a registered
association, which is sufficiently endowed from funds from the German
Bishops’ Conference or from the Association of the Dioceses of Germany,
the German Conference of the Superiors of Religious Orders or the
Solidarity Network of the Catholic Orders of Germany, and from the Central
Committee of German Catholics, on the basis of their respective financial
strength. Whether the establishment of a foundation should be considered
in the medium term is in the process of being clarified.
o Modus operandi: The Ombudsperson’s Office oversees the reporting of
serious cases – for example when those affected can expect reprisals in
their daily lives – to the competent dicasteries, as well as the filing of
complaints before ecclesiastical courts, and testimony before state courts.
The Ombudsperson’s Office presents an annual report to the public, which
– e.g. following the model of the “Black Book of the Association of
Taxpayers” – contains comprehensive statistical data, anonymously
documents representative cases, identifies relevant behavioural patterns,
and identifies dysfunctional.
o The Ombudsperson’s Office issues a “White Paper” on the appropriate
exercise of offices and services in the Church - e.g. in line with the
publications of the Federal Ministry of Defence on “Internal Leadership” in
the Federal Armed Forces, and revises it approx. every 3-5 years.
Sermon regulation
o In order to secure the significance and the quality of the sermon, and to
make better use of the richness of the manifold charisms, the German
bishops are to obtain permission (indult) from the Holy See to amend the
Sermon regulation in force today in such a way that the preparation and
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delivery of the sermon can also be taken on in Eucharistic celebrations on
Sundays and feast days by faithful who are both theologically and
spiritually qualified, and who are commissioned by the bishop.
II. Forum II – Priestly existence today
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Vote 1: Holy orders and celibacy
o The Synodal Assembly therefore requests the Holy Father, in the Synodal
Process of the World Synod (2021-2023) to reconsider the link between
the conferral of Holy Orders and the commitment to celibacy to be reexamined.
o Even if the concrete practice of the Eastern Catholic Churches in this area,
for instance with regard to the importance of monasticism, for example,
cannot simply be transferred to the reality of the Latin Church, a look at
the tradition of the Eastern Church shows that there is a diversity in the
organisation of the priestly life.
Vote 2: viri probati
o The Synodal Assembly now asks the Holy Father, pending a possible
implementation of the previous motion, to take the following concrete
steps:
o At the latest since the Würzburg Synod, viri probati have been thought of
here. The Amazon Synod proposes that, as a first step, criteria be defined
"in order to appoint suitable men, recognised by the congregation, who
have a fruitful ministry".6 In addition, many other options have become
conceivable in our Church today.
o Particular ecclesiastical arrangements are also conceivable, on the basis of
which experience can first be gained in one region of the world as to how
such an opening can affect those already ordained and those to be
ordained in the future even more generously. The right to such a
dispensation is currently reserved to the Holy See (c. 1047 §2 nr.3). This
reservation can be lifted for individual particular Churches if the respective
local bishop asks for it. This requires a corresponding intra-diocesan
process and consultations with the Bishops' Conference. If the Holy See
agrees, the authority to grant a dispensation then lies with the local
bishop, who can better assess the situation on the ground.
o This would affect ordained priests and, not least, the faithful and the
witness of the Church.
Another possibility are dispensations in individual cases, as is the case, for
example, with married Protestant pastors who have converted to the Catholic
Church. Such dispensations can be granted even more generously. The right to
grant such a dispensation is currently reserved to the Holy See (c. 1047 §2 nr.3).
This reservation can be lifted for individual particular Churches if the respective
local bishop asks for it. This requires a corresponding process within the diocese
and consultations with the Bishops' Conference. If the Holy the Holy See agrees,
the authority to grant a dispensation then lies with the local bishop, who can
better who can better assess the situation on the basis
III. Forum III – Women in Ministries and Offices of the
Church
Statement and vote:
 The doctrine of 'Ordinatio Sacerdotalis' is widely not accepted and understood by
the people of not accepted and understood by the people of God. Therefore, the
question must be addressed to the highest authority in the Church (the Pope and
the Council) whether the doctrine of the 'Ordinatio Sacerdotalis' does not need to
be examined: In the service of evangelisation, it is a question of ensuring the
participation of women in the proclamation, in the sacramental representation of
Christ and in the building up of the Church. and in the building up of the Church.
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Whether the doctrine of 'Ordinatio Sacerdotalis' infallibly binds the Church or not
must then be binding infallibly binds the Church or not, must then be examined
and clarified on this stage
IV.
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Forum IV – Sexual Morality to be reviewed
"The forum deals with questions of sexual morality of the church, which are
becoming less and less popular and accepted. This also involves taking greater
account of findings from theology and the human sciences. This includes the fact
that the personal significance of sexuality hardly receives any attention. As a
result, the moral proclamation provides no orientation for the vast majority of the
baptized."
V – Warnings from Rome
I. The “Synodal Path” in conflict
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Pope Francis‘ letter from June 29, 2019 to Catholic Christians in Germany.
o Primacy of evangelization over structural debates.
In 2019, Cardinal Marc Ouellet made clear that the proceedings of the Synodal
Path have no binding authority.
Minority of german bishops:
o Statute of the SP does not sufficiently take into account the concerns of
the Pope.
o Thematic areas deal with issues that cannot be solved by the particular
Church.
Official public statement of the Apostolic See of July 21, 2022:
o "In order to safeguard the freedom of the People of God and the exercise
of the episcopal ministry, it seems necessary to clarify: The 'Synodal
Pathway‘ in Germany does not have the authority to oblige bishops and the
faithful to adopt new forms of governance and new orientations of doctrine
and morals.“
Why no synod?
o ... because it would have had to be requested in Rome.
o ... because, according to Cardinal Marx, the application would have taken
too long.
o ... because, according to the norms of the CIC, this would not have allowed
the laity (ZdK) to participate in the decision-making process on an equal
footing.
o ... because the topics would have had to be approved by Rome.
II. Declaration of the Apostolic See of July 21, 2022
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In order to safeguard the freedom of the People of God and the exercise of the
episcopal ministry, it seems necessary to clarify: The 'Synodal Way' in Germany is
not authorized to oblige the bishops and the faithful to adopt new forms of
governance and new orientations of doctrine and morals.
It would not be permissible to introduce new official structures or doctrines in the
dioceses before an agreement reached at the level of the universal Church, which
would constitute a violation of ecclesial communion and a threat to the unity of
the Church.
In this sense, the Holy Father recalled in his letter to the pilgrim people of God in
Germany: 'The universal Church lives in and from the particular Churches, just as
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the particular Churches live and flourish in and from the universal Church; if they
were separated from the universal Church, they would weaken, perish and die.
Hence the need to keep communion with the whole body of the Church always
alive and effective‘.
Therefore, it is desirable that the proposals of the way of the particular Churches
in Germany may flow into the synodal process on which the universal Church is
traveling, in order to contribute to mutual enrichment and to bear witness to the
unity with which the Body of the Church manifests its fidelity to Christ the Lord.
Documented: https://www.pilger-speyer.de/nachrichten-derpilger/nachrichten/?L=0&tx_ttnews%5Btt_news%5D=29497&cHash=13c493d239
7061594a8429b468fb8304
III. Ad Limina visit of the German bishops autumn 2022
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I.
Legal basis: cann. 399-400 CIC
Statement of Cardinal Ladaria
Statement of Cardinal Ouellet
SUMMARY OF THE STATEMENT OF CARD. LADARIA
1. The literary genre of the texts of the Synodal path is not clear. There is also a lack of
clear references to which sources the texts refer in their core statements. Many of the
positions represented there are still under discussion. Therefore, a final document is
recommended to help clarify the open issues. A final document or something similar is
proposed that can reflect a more linear approach and less reliance on theories that are
not fully backed up.
2. The second concern is the relationship between the structure of the Church and the
phenomenon of abuse of minors by clergy and other abuse phenomena. Everything must
be done to prevent further abuse of minors by clergy, but this must not mean, Ladaria
said, reducing the mystery of the Church to a mere institution of power or seeing the
Church from the outset as a structurally abuse-producing organisation that must be
brought under the control of superintendents as soon as possible. In this respect, the
greatest danger of many of the operational proposals of the Synodal Way texts is that
one of the most important achievements of the Second Vatican Council is lost, namely
the clear teaching of the mission of the bishops and thus of the local Church.
3. The third concern relates to the view of human sexuality according to Church teaching,
especially as expressed in the 1992 Catechism of the Catholic Church. Since this is a
doctrinal question, it does not need to be considered from our canonical perspective.
Here it is sufficient to refer to cann. 386, 392, 750, 752.
4. The fourth concern relates to the role of women in the Church and, in particular, the
issue of women's access to priestly ordination. Ladaria states here: “The crucial point is
not that women cannot be ordained priests in the Catholic Church; (...) the point is that
one must accept the truth that 'the Church has no authority whatsoever to ordain women
priests' (St. John Paul II, Ordinatio sacerdotalis 4,2).” This Apostolic Exhortation follows
can. 1024, which, according to its wording, did not anchor the exclusion of women from
priestly ordination in divine law, thus giving the impression that it was an exclusively
positive legal regulation. From the point of view of canon law, this Exhortatio is a binding
letter of doctrine from the highest ecclesiastical authority, to which religious obedience of
mind and will is owed according to can. 752.
5. The fifth concern relates to the exercise of the Church's magisterium and, in particular,
the exercise of the episcopal magisterium. Almost forgotten in the texts of the Synodal
Path is in the understanding of Ladaria the precept of the Council ́s Constitution Dei
Verbum and, in particular, the question of the transmission of the faith thanks to the
apostolic succession and the petrine office that means ever cum Petro and sub Petro.
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From a legal point of view, Ladaria refers here to the Pope's claim to leadership from can.
331 and 333. The role of the bishops, on the other hand, is defined in can. 334, as an
authority under the authority of the Pope. One can understand this statement as a reflex
to Pastor Aeternus of the First Vatican Council
II.
SUMMARY OF THE STATEMENT OF CARD. OUELLET
1. It is striking, however, that the agenda of a limited group of theologians from a few
decades ago has suddenly become the majority proposal of the German episcopate:
abolition of compulsory celibacy, ordination of viri probati, access of women to the
ordained ministry, moral re-evaluation of homosexuality, structural and functional
limitation of hierarchical power, reflections on sexuality inspired by gender theory,
important proposed amendments to the Catechism of the Catholic Church, etc. It is not
an open-minded interpretation of Catholic discipline or morality, but a fundamental
change which he sees as putting the unity of the Church at risk.
2. He criticises the fact that Pope Francis' letter to the Church in Germany was not
included as a guideline for the synodal method and recognises in it a distancing from the
papal magisterium.
3. To relate the massive exodus of the faithful from the Church solely to the systemic
causes of abuse and the crisis of confidence among the faithful seems short-sighted to
the Cardinal. He does not consider sufficiently the necessity of the renewed proclamation
of the Gospel, which was a core concern in the Pope's letter to the Church in Germany.
III. The interdicasterial advice from Monday 16th January
2023
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The bishops raise the question here:
o whether the bishops are obliged to participate in the Synodal Committee
because this was decided by the Synodal Assembly.
o do they want to know whether they may participate because the Holy See
has expressly stated that the Synodal Way does not have the power to
oblige the faithful and the bishops to adopt new forms of governance and
new orientations of doctrine and morals?
The Roman answer: according to the declaration of the Apostolic See of 21 July
2022, the bishops are not obliged to participate in the work of the Synodal
Committee
IV.
The “Synodal Pathway” in target perspective
 Are the resolutions binding? It depends!
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Are they matters that fall within the authority of the particular church?
o Yes, if bishops endorse the vote and implement it in particular church law
by way of self-commitment
o No, if bishops do not endorse the votes and do not participate in
implementation.
If these are matters that fall within the universal ecclesiastical competence:
o these can only be submitted to Rome.
o their legal implementation depends on Roman approval.
o Matters of universal ecclesiastical jurisdiction are: all questions of the law
of ordination, including dispensation from impediments to ordination & all
questions of ecclesiastical doctrine and moral teaching that are not merely
contributions to discussion
On the level of the particular Church to be judged are:
o Questions of participation and involvement of all the baptized in
ecclesiastical governance, as far as c. 150 is not affected
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o
o
Women in ministries and offices of the church, insofar as c. 1024 is not
affected
Questions of the priestly way of life of relevance to the particular church.
V. The Synodal council, constitutionally defensible?
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Idea of permanence at the diocesan level in the action text: deliberate and decide
together
The synodical council of the diocese is elected in free, equal and secret elections.
It represents in its composition the people of God in the diocese. The Council may
co-opt additional members by majority vote.
The synodical council of the diocese shall be co-chaired by the bishop and a
chairperson elected by the council.
The synodical council of the diocese may modify proposed resolutions of the
bishop or make ist own resolutions on
decisions of diocesan-wide significance.
If the bishop approves a resolution of the synodal council of the diocese, it shall
be legally effective. - If a legally effective
resolution is not reached because the bishop does not agree with it, a new
deliberation shall take place. If again no
agreement is reached, the council may, by a two-thirds majority, dissent from the
bishop's vote.
If no agreement is reached because the bishop also objects to this decision, a
conciliation procedure is opened, the terms
of which have been established in advance and to which all parties agree to
adhere.
Council for Priests option: the Council for Priests is integrated into the synodal
council of the diocese and, independently of
it, deliberates only on matters that exclusively concern priests or that are
reserved to the Council for Priests under current law.
Conflict with c. 381 § 1 and CD 8a, 11, 1+2?
Conflict with the declaration of the Apostolic See of 21.7.2022?
VI.
Key question: How far does the diocesan bishop’s ability
to bind himself extend?
 In principle, all natural persons and legal entities may submit themselves to

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decisions of bodies by way of (contractual) self-binding
o The CIC does not regulate these cases.
However, the limits of episcopal self-binding appear in some norms concerning the
exercise of the episcopal office:
o C. 386: Safeguarding the doctrine of the Church‘s faith.
o C. 391: governance of the particular Church:
 self: § 1
 by GV, BV, JV: § 2
 Committees advise and do not share in governing power
o C. 392: Compliance with church laws and supervision of discipline.
o C. 393: Representation of the diocese in all legal transactions.
Result:
o The bishop may (and should) concur with the deliberative results of his
committees. However, according to CIC, he is free to decide for himself
whether to do so. Behind this is the idea of power of attorney in c. 381 § 1.
The freedom to exercise the power of office is only given if it is not already
conditioned ex ante. This libertas ecclesiae has been insisted upon by the
Church for centuries.
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o
o
If a bishop binds himself by way of self-binding to the results of the
deliberations of his committees, this binding effect extends at least until
revocation, but at most until loss of office.
Electoral capitulations in bishop elections have been forbidden by the
popes since 1695. Cf. c. 172 § 2.
VII. Final observation
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Pope Francis has repeatedly emphasized listening as a characteristic of a synodal
Church.
Card. Grech: we don't make progress with votes“. "It is about striving for
consensus“.
Card. Hollerich: “It is not a synod on women's ordination, nor is it a synod on
homosexuality." Instead, it will discuss "how we can make the Church more
synodal at the local, diocesan, national and also international level," Hollerich
went on. "If this synodality comes through, perhaps other decisions will be on the
table in the future.“
Bishop Kohlgraf (Mainz): "There are not only different speeds but also completely
different images of the Church and also different images of synodality. If the
Catholic Church is to stay together, it can only be through the concession of
regional solutions and ways to shape real unity in diversity. I believe that it is
important to take seriously what Pope Francis says again and again: mutual
listening is not only an acoustic process, but listening also means perceiving the
good in the opinion of the other and wanting to save it. An important basic
prerequisite for the various theological approaches will be to allow the other
person to be Catholic and to assume that he or she is also concerned about God,
about people and love for the Church."
My position:
o A consensus in the doctrine is indispensable.
o Different practices in the discipline may be open for different local churches
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