Tag Archives: Code of Canon Law

Requirements (Qualifications) To Be A Cardinal

Cardinal Francesco Peretti di Montalto (1595-1655) from Anura Guruge' The Next Pope
Cardinal Francesco Peretti di Montalto (1595-1655).

This is now covered in Canon 351 § 1 of the 1983 Code of Canon Law. This Canon says:
“The Roman Pontiff freely selects men to be promoted as cardinals, who have been ordained at least into the order of the presbyterate [i.e., priest] and are especially outstanding in doctrine, morals, piety, and prudence in action; those who are not yet bishops must receive episcopal consecration [i.e., consecrated as a bishop].”

So it is now pretty straightforward. You have to be at least a priest. Since you need to be at least 25 years old to be a priest, this requirement, also, adds an implicit age requirement, i.e., 25. So the days of early-teen cardinals is now definitely history.

Canon 351 tightens the cardinalate requirements from the 1917 Code. That required priestly ordination, along the lines that the 1983 Code now requires episcopal consecration. In theory, this meant that if a cardinal was not a priest, he needed to be ordained. The 1983 Code on the other hand appears to stress that already being a priest is a prerequisite.

[I would think that a pope, if he really so wished, could override this as well as any of the other requirements — though I do not see this happening. However, it is worth noting that the need for episcopal consecration is sometimes waived by a pope, particularly in the case of those created cardinals late in life. Check this post about ‘non-bishop cardinals.]

Hope this helps. I had seen a number of searches of late with people looking for data on this topic.

Anura Guruge
popes-and-papacy.com

The Roman Pontiff freely selects men to be promoted as cardinals, who have been ordained at least into the order of the presbyterate and are especially outstanding in doctrine, morals, piety, and prudence in action; those who are not yet bishops must receive episcopal consecration.
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Cardinal Walter Kasper’s Retirement, Now Official. Successor, ‘Archbishop’ from Switzerland Named

On June 26, 2010, I told you that there were reports that German Cardinal Walter Kasper had retired from being the the President of the Pontifical Council for the Promotion of Christian Unity.

I also noted that it was incongruous in that no successor had been named. That is fixed as of today. Swiss Kurt Koch, promoted to being an archbishop, has been named as his replacement.

Since my College of Cardinals stats already have Kasper as retired, there is nothing I have to update.

Just look at yesterday’s post.

Cheers,
Anura Guruge

Cardinal Re Retires, My #3 Papabili Canadian Marc Ouellet Steps Into His Shoes; 4th Retirement In 11 Days

Per the 1983 Code of Canon Law Canons 354 & 401, heads of curial dicasteries and diocesan bishops must tender their resignations to the pope upon completing their seventy-fifth year of life.

That Cardinal Re (senior most cardinal bishop under 80) was due to retire per ‘401, ‘ and was likely to be replaced by my #3 papabili (as of December 2009), Cardinal Marc Ouellet, P.S.S., was already talked about here on June 18, 2010, thanks to the heads-up from my cardinal & bishop watched, John Stabeno, ‘an insider’ of sorts [[smile]]. I have a write-up of Marc Ouellet on page 17 – 18 of ‘The Next Pope‘. If you are interested use Google Books or Amazon to read the pages given that I assume you don’t have the book. This is a big deal for Canada. Ouellet, a Sulpician, is on the editorial board of Communio, a theological review founded in 1972, with the current pope being one of the founders.

This is the fourth resignation in 11 days. Much of this has to do with the rapidly approaching Summer ‘recces’ for the pope — who leaves the heat of Rome in July and heads to the cooler climes of Castel Gandolfo for the Summer. Basically the Vatican is trying to get appointments in place prior to the recces.

So just in the last few days we have talked about the retirements of Cardinal Jiulius Riyadi Darmaatmadja and German Cardinal Deacon Walter Kasper.

Cardinal Re’s resignation and Cardinal Ouellet’s appointment yet AGAIN ONLY changes the employment status statistics pertaining to the College; i.e., we now have one more retired cardinal, one less Archbishop and the demographics of the curial heads change.

If nothing else changes prior to that, we will lose another cardinal elector on July 7, 2010.

You should also, please, check out THIS posting on the current vacancies when it comes to cardinalate title.

I am just going to update the demographics of the 108 cardinal electors to reflect today’s [i.e., June 30, 2010] changes:

Of the 108 cardinals, under the age of 80 [i.e., ‘electors’]:

  • 4 are Cardinal Bishops, 1 is an Oriental Rites Patriarch, 87 are Cardinal Priests & 16 are Cardinal Deacons
  • 18 hold curial offices. Of these 1 is a cardinal bishops (viz. Bertone), 6 are cardinal priests and 11 are cardinal deacons
    (Italy – 6, Rest of Europe – 6, U.S.A. – 1, Canada – 1, Latin America – 2 , India – 1 & Africa – 1)
  • 58 are Archbishops including two Patriarchs – i.e., Venice and Lisbon (Portugal)
  • 1 is Bishop — Mainz (Germany)
  • 1 is the Vicar General of Rome, viz. Cardinal Agostino Vallini (papabile)
  • 1 is the Grand Master of the Equestrian Order of Jerusalem, viz. Cardinal John Patrick Foley
  • 28 are ‘retired,’ i.e., emeritus status
  • 1, viz. Cardinal Bernard Francis Law (formally of Boston, USA), is an Archpriest
  • Average age is 73 years; 13 in their 79th year, youngest being Peter Erdö (Hungary) at 58
  • 19 belong to religious orders, 4 of whom are Salesians, 3 Franciscans, 2 Jesuits along with an additional 1 belonging to Opus Dei
  • 78 (72.2%) of these cardinals were created by Pope John Paul II between 1983 and 2003
  • 30 were created by Pope Benedict XVI in 2006 & 2007
  • The macro geographic breakdown is as follows:
    Africa 9, Americas 33 (U.S.A. 12), Asia 10, Europe 55 (Italy 19), Oceania 1
    Africa 8 countries, Americas 14, Asia 7, Europe 21, Oceania 1 — 51 countries in total
    Italy 19, U.S.A 12, France 6, Spain 5, Germany 5, Brazil 4, Mexico 4, Poland 3, India 3 & Canada 2

Hope this helps. Cheers.

Anura Guruge

German Cardinal Walter Kasper, President, Pontifical Council for the Promotion of Christian Unity, Retires, June 25,

Per the 1983 Code of Canon Law Canons 354 & 401, heads of curial dicasteries and diocesan bishops must tender their resignations to the pope upon completing their seventy-fifth year of life. This resignation requirement was last talked about on June 19, 2010, when the Lativan Cardinal Janis Pujats resigned, at 79, from being the Archbishop of Riga.

It is now being reported that on June 25, 2010, German Cardinal Deacon Walter Kasper, 77, has announced his resignation as the President of the Pontifical Council for the Promotion of Christian Unity. He had held this post since March 3, 2001 — appointed 10 days after he was created a cardinal deacon by John Paul II (#265). What is incongruous about this resignation is that a successor has not been named! Typically these ‘past 75’ resignations are only announced when the successor is being named. Hence, as in the case of Pujats, why the cardinal may be 79 (or even older) before his resignation is accepted and announced.

Cardinal Kasper’s resignation ONLY changes the employment status statistics pertaining to the College; i.e., we now have one more retired cardinal. The average age for the electors has also ticked up one to 73 from 72.

This is the first change, of any sort, to the demographics of the College as of June 19, 2010 when Cardinal Pujats retired. Please refer to this posting for all the demographics and a list of what has changed over the last six months.

If nothing else changes prior to that, we will lose another cardinal elector on July 7, 2010.

I am just going to update the demographics of the 108 cardinal electors to reflect yesterday’s [i.e., June 25, 2010] resignation:

Of the 108 cardinals, under the age of 80 [i.e., ‘electors’]:

  • 4 are Cardinal Bishops, 1 is an Oriental Rites Patriarch, 87 are Cardinal Priests & 16 are Cardinal Deacons
  • 18 hold curial offices. Of these 2 are cardinal bishops (viz. Bertone & Re), 5 are cardinal priests and the others cardinal deacons
    (Italy – 7, Rest of Europe – 6, U.S.A. – 1, Latin America – 2 , India – 1 & Africa – 1)
  • 60 are Archbishops including two Patriarchs – i.e., Venice and Lisbon (Portugal)
  • 1 is Bishop — Mainz (Germany)
  • 1 is the Vicar General of Rome, viz. Cardinal Agostino Vallini (papabile)
  • 1 is the Grand Master of the Equestrian Order of Jerusalem, viz. Cardinal John Patrick Foley
  • 26 are ‘retired,’ i.e., emeritus status
  • 1, viz. Cardinal Bernard Francis Law (formally of Boston, USA), is an Archpriest
  • Average age is 73 years; 12 in their 79th year, youngest being Peter Erdö (Hungary) at 57 (soon 58)
  • 19 belong to religious orders, 4 of whom are Salesians, 3 Franciscans, 2 Jesuits along with an additional 1 belonging to Opus Dei
  • 78 (72.2%) of these cardinals were created by Pope John Paul II between 1983 and 2003
  • 30 were created by Pope Benedict XVI in 2006 & 2007
  • The macro geographic breakdown is as follows:
    Africa 9, Americas 33 (U.S.A. 12), Asia 10, Europe 55 (Italy 19), Oceania 1
    Africa 8 countries, Americas 14, Asia 7, Europe 21, Oceania 1 — 51 countries in total
    Italy 19, U.S.A 12, France 6, Spain 5, Germany 5, Brazil 4, Mexico 4, Poland 3, India 3 & Canada 2

Hope this helps. Cheers.

Anura Guruge

Papabili #3, Canada’s Cardinal Marc Ouellet To Be The New Prefect Of the Congregation Of Bishops?

John Stabeno, a regular contributor to my blogs, left this comment, around 3pm Eastern today, on the FaceBook ‘The Next Pope‘ page that my wife maintains on my behalf. [I don’t do FaceBook.]

<< John has since asked me to credit the source of his comment to Mr. Rocco Palmo of ‘Whispers in the Loggia‘. I am delighted to do so. I even promised to read that blog on a daily basis. Thank you again, John. >>


I am not a habitual cardinal watcher. I have my hands full with papal history and papabili. So I am always glad for any heads up I get on cardinal related rumors and news. Thank YOU, John.

In case you are wondering, Italian Cardinal Bishop Giovanni Battista (John the Baptist) Re, who has got mentioned quite a bit of late by me in the context of precedence among cardinal bishops, is the current Prefect of the Congregation of Bishops. He has held that post since 2000.

Canon 354 of the 1983 Canon Law, codifying a 1970 Paul VI (#263) edict, requires cardinals who head up curial dicasteries to tender their resignation to the pope upon completion of their seventy-fifth year of age. Cardinal Re who was born in January 30, 1934 is now 76. Thus, he must have tendered in his resignation sometime ago. The pope, of course, can keep any cardinal, in any job, for as long as he wants. Typically a resignation is only made public when the new appointee to that post is being announced. So that is the background for this story. Cardinal Re is due to be replaced … so a viable replacement has to be found.

Read more about it << here >>.

Cardinal Marc Ouellet, by Matt Kirkland, from 'The Next Pope' Book

The main function of the Congregation for Bishops is that of selecting new bishops (for areas not falling under the jurisdiction of mission territories or the Eastern Catholic church) — subject, of course, to papal approval. It is thus a influential and powerful Congregation with constant worldwide exposure. That said, no head of this Congregation (at least since 1710), has been elected pope. Nonetheless, if Marc Ouellet were to be appointed, per John Stabeno’s comment, it would give him added credence as a papabili — in addition to him having been #3 in my 2009 list.

Cardinal Ouellet, a Sulpicians, has quite the résumé and has participated in a number of Synods of Bishops. He is no stranger to the other cardinals. Furthermore, he has spent nearly a decade working in Latin America. Thus, in addition to his own incontrovertible credentials, he, despite his reputation as being quite a conservative in the mold of John Paul II (#265) and the current pope,  is also an enviable compromise candidate — a cardinal from the Americas that can be a surrogate for US and Latin American prospects. That I had him at #3, as of December 2008 (which is when I compiled the 2009 list), means that I didn’t have too much diffcultu spotting his potential. It would be cool if he does become the next pope.

All the best. I will keep you posted on his progress.

Thank you. Thank You, John.

Anura Guruge

US English Translation of 1983 Canon 355 Differs From UK/Irish English Translation

This all boils down as to what is the most appropriate English translation of the Latin ‘antiquior.’

The US English Translation as provided by the Washington, D.C. based Canon Law Society of America (1999) when talking about 1983 Code of Canon Law, Canon 355 § 1 says:
‘the oldest cardinal from the episcopal order’
. Please see << here >>.

The Vatican provided English translation of John Paul II’s (#265) Universi Dominici Gregis Clause #90 which is talking about the same situation says:
by the senior Cardinal Bishop’. Please see << here >>.

‘Oldest’ and ‘Senior’ when it comes to cardinals is not the same. Right now, when we discount the Dean and Sub-Dean, who are both over 80, Cardinal Martins in the OLDEST, Cardinal Re is the most SENIOR. See the problem.

I have addressed this and much more << here >>

Mr. Andrea Mondello, http://avemundi.host-ed.net/, who has been doing yeoman work helping me out on this, suggested I look at the British/Irish translation.

I found that at: http://www.ourladyswarriors.org/canon/c0330-0572.htm#par698

They say, consistent with Universi Dominici Gregis Clause #90, ‘to the senior Cardinal of the episcopal order.

But I am also contending with this June 14, 2010 comment from my friend ‘Stefano’ which says:
{I’ve checked in the Latin-Italian dictionary. Maybe we’re all right, because the difference is very slight.Antiquior is the comparative of “Antiquus”, which means literally “very very old” (ancient, we would say), and – please note, that’s important – is intended to be the opposite of “novus” (= “new).Senior is the comparative of “senex”, meaning just “old” (not “very” old), and is intended to be the opposite of “juvenis” (= young).
So, to sum up the two words respectively mean “far more old” and “more old”. But what really differ is the starting point. Old in front of “new” in the first case and old in front of “young” in the second.
I think that applied in the cardinal precedence all this means that “antiquior” is a cardinal intended within the whole of his canonic curriculum vitae – i.e. a cardinal having been a bishop and a former priest for a much longer time than others. On the contrary, “senior” might be a cardinal which is no longer “young” – so to say – in his order. You see, the ancient languages (especially Greek, but also Latin) where much more profound in such implicit details than the modern ones. All the best and thank you for bouncing me back to my beloved Latin.}

http://popes-and-papacy.com/wordpress/?p=221#comments

********

This afternoon (June 14, 2010), I telephoned that Canon Law Society of America.

In 2007, they helped me out. I always go out of my way to be nice to those that help me out.

In 2007, I wanted to be able to quote a Canon in a book. Father Art Espelage, OFM, the then coordinator at the Society helped me out and gave e permission. I never published that book. But, I was always grateful.

When I called up today, I discovered that Father Espelage had left 2 years ago. The new coordinator was a Sister. Sister Sharon, I think.

I gave her the details and backed it up with an email with tons of links.

I also contacted ‘Our Lady’s Warriors’ in the UK.

So, I am doing my utmost to get these translations in line.

Just amuses the HECK out of me. Nobody else spotted these inconsistencies in a decade. Catholic scholarship?

All the best. Thanks. Cheers.


Rome, YOU Have A Problem Re. Cardinal Bishop Precedence

Please read the linked post. Anura Guruge

Clause #90 of John Paul II’s (#265) 1996 Universi Dominici Gregis (in the English translation provided by the Vatican), THE current Apostolic Constitution that governs sede vacantes, conclaves and papal elections is at odds with the 1983 Code of Canon Law Canon 355 § 1 (per the English translation provided by the Vatican).

Moreover, Clause #90 of Universi Dominici Gregis is at odds with its own Clause #9! Clause #9, correctly, tries to anticipate the POSSIBILITY that you could have a conclave with no Cardinal Bishops in attendance. Yes, it can happen, in theory. At any one time we only have about 9 Cardinal Bishops, some of them Eastern Rites Patriarchs. Because of the 80 year age limit, vacancies, illness and in the case of the Patriarchs possible travel restrictions could result in a conclave with no Cardinal Bishops. This is NOT a problem. Clause #9 caters for this. Clause #90 does not. But, it appears that in Latin, Clause #9 is rather mangled! It is said to talk about the oldest by birth of the cardinal electors. Suffice to say … there is now confusion and growing agreement that there is indeed some inconsistencies in Universi Dominici Gregis. Please read << this >>.

The 1983 Code was formulated under the auspices of John Paul II, and Universi Dominici Gregis is meant to complement it, not to contradict it (especially with no mention, at all, that it is changing a Canon Law).

The Constitution repeatedly cites various Canons from the 1983 Code, with paragraph three of the Preamble even confirming that that Constitution is to provide for the ‘Special Laws’ cited in Canon 335.


Yes, this is ALL to do with my one man QUEST to find whether the 1731 Clement XII (#247) ruling as to the precedence among Cardinal Bishops, after that of Dean and Sub-Dean, have changed post-1913.

Please refer to these three recent posts and all the links to prior posts contained within them:

1/ Does Italian Cardinal Re Really Have Precedence Over Nigerian Cardinal Arinze? << click here >>

2/ College of Cardinals, The Jus Optionis Preferment Rules << click here >>

3/ Precedence Among Cardinal Bishops — Rationalization << click here >>


I AM CONTENDING THAT THE CURIA HAS GOT IT WRONG

I have done everything in my power to get the Vatican to tell me WHEN the rules were changed … such that Cardinal Re now has precedence over Cardinal Arinze (not counting the Dean and Sub-Dean who are both over 80).

Given their stonewalling, I, per my right, am contending that they got it wrong and are loathe to admit it.

Prove me wrong, PLEASE.

That is all I ask.

Just give me the facts, and tell me I was wrong. I will be delighted. All I seek are the facts.

That expression about a British Bull Dog not letting go off a bone in its mouth is really not adequate to describe my tenacity when I am seeking a FACT.

So I continue to gnaw and today my goal was to show that the CURIA is far from infallible.

I already had a list … off the top of my head … but I just wanted to check this one thing … because … I kind of know where to look.

BINGO.

So I can NOW PROVE that the curia has screwed up at least ONCE when it comes to the VERY issue of Cardinal Bishop precedence.

So, I ask again. Prove me wrong.


SO, THE ONE ‘CLAUSE’ THAT PERTAINS TO THIS POINT IS NOT CONSISTENT

1983 Code of Canon Law, Canon 355 § 1 says:

The cardinal dean is competent to ordain as a bishop the one elected as Roman Pontiff if he needs to be ordained; if the dean is impeded, the assistant dean has the same right, and if he is impeded, the oldest cardinal from the episcopal order.

Canon 355 from http://www.vatican.va on June 11, 2010

Clause #90, paragraph 2 of John Paul II’s 1996 Universi Dominici Gregis (Vatican’s English translation) talking about the very same situation says:
If the newly-elected Supreme Pontiff is not already a Bishop, his episcopal ordination, referred to in Nos. 88 and 89 of the present Constitution, shall be carried out according to the usage of the Church by the Dean of the College of Cardinals or, in his absence, by the Subdean or, should he too be prevented from doing so, by the senior Cardinal Bishop.

Clause #90 from Universi Dominci Gregis from http://www.vatican.va from June 11, 2010

Oldest and Senior are NOT the same.

Right now Cardinal Martins of Portugal is the OLDEST Cardinal Bishop.

But, when it comes to SENIORITY it is either Cardinal Arinze or Re — with me still contending that it is Arinze UNLESS the 1731 law was changed — and if it was … then WHEN (I can work out who the pope would have been).

Yes, John Paul II had the right and the power to unilaterally override the Canon. But, I if he did, there would typically have been some notation about it in the ‘References’ at the end. As it is the 1984 Code is cited thrice in the References section.

My point is simple. In 1983 we had one ruling, in 1996 another.

Yes, I fully understand that it is unlikely that any of us will see a non-bishop elected as pope in our lifetime … but we are talking here about precedence.

This is NOT the only inconsistency in Universi Dominici Gregis. There are others. I mentioned them, diplomatically as possible, in my ‘The Next Pope‘ book. I will now enumerate them in a separate posting because it confirms my contention — the curia drops the ball quite often.

Watch this space.

Anura Guruge