Benedict XVI’s resignation is a first for Canon Law

[MarieT]

Vatican Insider interviews Giovanni Battista Varnier, Professor of the History of Relations between State and Church at the University of Genoa on Benedict XVI’s shocking and historic decision

Luca Rolandi
Rome

The Pope’s resignation is a shocking historical fact, which involves the Code of Canon Law. Is this resignation licit under Church law?

Absolutely, it is completely licit because the announcement was made during a Consistory in Rome, in the presence of some cardinals. During the Consistory, the Pope was meant to announce some causes of canonization but instead he came out with this shocking announcement.



What does Canon Law say about cases such as this which involve a resignation not a death?

When a pope resigns, there is a sede vacante and the Cardinal Camerlengo takes over leadership of the Church. When there is a sede vacante, the Curia also loses power. The Dean of the College of Cardinals, Angelo Sodano (who is a non-voting cardinal this time), vicars Vallini and Comastri remain in charge and the Camerlengo, Bertone, heads the process leading up to the Conclave. This time, French Protodeacon, Tauran, will be pronouncing the words Habemus Papam. What is surprising is the decision to postpone the resignation to 28 February. There are clearly going to be many questions and debates on the running of government in the next few days. The Conclave is going to take place earlier than expected, which is inconceivable.



Has this shocking event ever been seen in the past?
There are some other cases besides Celestine V’s famous abdication. But Benedict XVI’s resignation is a complete first in modern papal history.



What role will the outgoing pope fill next?

He will not go on to hold any other office, except of course he will maintain his title of Cardinal. It is not normal for a resigning pope to remain in Rome and this could raise some issues. So he will still hold some influence although knowing Pope Benedict I think he will retire. In any case, he is over 80 years old now and no longer has the power to vote so he cannot take part in the Conclave. This is a little out of place given that it is Benedict XVI himself who is resigning from the role that will be the focal point of the next Consistory.


Who do you predict will succeed Joseph Ratzinger?

I think the new pope will be an Italian cardinal. As a canonist and Church historian who has been observing and teaching about the life of the Catholic Church for years, I hope this will be the case anyway.

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