Case study – Bishop Hendriks casts a canonist’s eye on the German bishops’ proposal and the Roman response

At the risk of becoming a one-topic bore, one more post about the Communion question, after another Dutch bishop comes out in, well, understanding of the German proposal.

jan_hendriksBishop Jan Hendriks, auxiliary bishop of Haarlem-Amsterdam, studies the matter in his blog and comes to the conclusion that, yes, a bishops’ conference has the authority to draft a pastoral outreach that allows non-Catholics to receive Communion. But, he explains, there are certain specific conditions that must be applied.

The bishop, a canon lawyer who also serves as a member of the Supreme Tribunal of the Apostolic Signatura, the highest court of law of the Catholic Church, first describes that a bishops’ conference has the authority to develop further norms in this matter according to the Code of Canon Law and the Ecumenical Directory, but there is a framework of four conditions that must be followed:

“1. The non-Catholic person requests the sacraments out of his own desire;

2. This person has no access to a minister of his own community;

3. This person professes the Catholic faith regarding these sacraments;

4. This person has the correct disposition.”

Bishop Hendriks contends that in a wedding ceremony between a Catholic and non-Catholic person, the non-Catholic may be allowed to receive Communion, according to N. 159 of the Ecumenical Directory, which says that a bishop may allow a wedding Mass for just cause, and the decision whether or not the non-Catholic partner can be allowed to receive Communion may be made according to the above four points.

“From this the conclusion could be drawn that the condition for the availibility of a minister of one’s own community is relative, and a non-Catholic spouse who asks, has the correct disposition and shares the Catholic faith in Holy Communion, can be allowed to receive Communion in the wedding service, when the bishop gives permission for the celebration of a Mass.”

Of course, the German bishops’ proposal is not limited to wedding Masses. They claim that a non-Catholic partner may receive Communion at other occasions as well. Bishop Hendriks continues:

“In their pastoral outreach the German bishops suggest that this permission for non-Catholic partners in interdenominational marriages may also be given after the wedding ceremony, after a period of discernment and a pastoral conversation with the parish priest, when they in conscience have come to accept the Catholic faith regarding the Eucharist. In the published parts which I have read, I was unable to find anything about the receiving the sacrament of penance and reconciliation and the spiritual disposition. At the same time the description of the document as a “pastoral outreach” suggest that the German bishops present no new norms, but that they operate withing the existing regulations. For new norms – a general decree – the bishops’ conference first needs a mandate from the Holy See, in other words: from the Pope (c. 455 §1). It is well understandable that not all bishops were able to go along with the thought that this is only a pastoral outreach within the existing norms and that seven of them put the case before the responsible parties in Rome.”

What then, considering all this, does the answer, or lack thereof, from the Pope mean?

“In his answer Pope Francis emphasised the unity of the bishops, who must, if possible, arrive at a text unanimously. I am not aware if it has been announced that there are conditions to this possible text, or whether it has to be presented to Rome or if a process has been agreed upon. It is, however, clear that developing such a  document – if the pastoral goal is maintained within the general conditions – is part of the authority and task of a bishops’ conference, which makes the decision of Pope in itself understandable.”

Bishop Hendriks says nothing about his agreement or disagreement with the German bishops’ proposal or the Pope’s response. He simply looks at what it possible within the norms as they exist, and from this he concludes that the German bishops have the authority to draft such a pastoral outreach, but also that they are bound to the conditions described in the Code of Canon Law and the Ecumenical Directory.

[EDIT 19-5]

In a commentary published on their website yesterday, the Archdiocese of Utrecht underlines the importance of canon 844, §4 of the Code of Canon Law. The comments seem to be a direct response to Bishop Hendriks and the reception of his words in the media. The archdiocesan commentary agrees with the bishop that a bishops’ conference has the authority to establish norms for the reception of Holy Communion by non-Catholics, and repeats the four points made by Msgr. Hendriks above. However, the piece states, an important element seems to be overlooked, by the readers if not by the bishop, namely the explicitly named circumstance that there must a be a situation of need (“grave necessity”). In such a situation the four conditions must be fulfilled in order for the non-Catholic person to receive Communion.

The article quotes the instruction Redemptionis Sacramentum from the Congregation for the Doctrine of the Faith, which states in n. 85: “In addition, the conditions comprising can. 844 § 4, from which no dispensation can be given, cannot be separated; thus, it is necessary that all of these conditions be present together.” In other words, all four conditions must be fulfilled, not just some of them. A bishops’ conference is free to decide what it considers to be situations of grave necessity. The archdiocesan commentary contends that such a situation is not automatically present in the case of a non-Catholic married to a Catholic.

In short, the archdiocesan commentary agrees with Bishop Hendriks that the German bishops are free to establish new norms, but within the framework of establish regulations only. The archdiocese emphasises that the four conditions mentions throughout the blog post above are applicable in situations of grave necessity only, something which seems to be supported by the Ecumenical Directory, as mentioned by Bishop Hendriks, which states that a bishop can allow an interdenominational wedding Mass for “a just cause”. This is not just word play, but indicates that there has to be a very good reason indeed for such a Mass to be celebrated. This reason, it would appear, must be one of the situations of grave necessity as established by the bishops’ conference.

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Careful criticism – Bishop de Korte’s thoughts after the cardinal’s comments

While there has been much said and written about Cardinal Willem Eijk’s criticism on how the Pope handled the German plans to allow non-Catholics to receive Communion under certain circumstances, and the opposition that triggered from seven German bishops, the Dutch bishops have been rather quiet about the comments of the metropolitan of the Dutch Church province.

Bishop Jan Hendriks, auxiliary of Haarlem-Amsterdam and easily the most social media-minded among the bishops, wrote on Facebook that that was not the place to offer any commentary. Via his spokesman, Bishop Hans van den Hende of Rotterdam, president of the Dutch bishops’ conference, let it be known that he “hopes and expects that the agreements as described in the aforementioned documents [the Code of Canon Law, the Catechism and the Ecumenical Directory] remain the guideline.”

bisschop-de-korteThe most extensive comment, although one without directly addressing the cardinal, comes from Bishop Gerard de Korte of ‘s-Hertogenbosch. In his regular contribution to the diocesan website, the bishop addresses the accusation that Pope Francis causes confusion through his words and actions, a position that Cardinal Eijk – and others with him  – very clearly takes in his commentary. Bishop de Korte defends the Pope when he writes, “It is nowhere apparent that the Pope violates the teachings of the Church. But he does want to take into account the stubbornness of our existence.”

Addressing the topic of alleged confusion, the bishop writes:

“Some faithful, including high prelates, think that the pope allows room for confusion. But isn’t it better to speak about a papal willingness for permanent dialogue? Such an attitude does not flow from modernism of liberalism, but from the heart of the gospel. In Christ, God came to stand next to us. We in our turn are also called to accept one another. At stake is the willingness to a permanent dialogue, which does not mean the denial of our deepest convictions, but that we are open to the workings of the Holy Spirit in the other.

In the end, we all live from pure mercy. That faithful realisation can make us humble, mild and modest.”

Bishop de Korte focus on dialogue is worthy, and he is correct when he says the pope, and all Catholics, should never be closed in on themselves, open to dialogue with everyone. But, and here’s what is almost absent from the bishop’s text (except from the reference to “our deepest convictions”), dialogue has to be about something. Speaking with each other for its own sake is a good starting point to create trust and friendship, but ultimately, we must speak about something. Jesus Christ spoke with people, sinners and righteous alike, but never just for the sake of speaking. He had a clear message, and did not refrain from admonishing when necessary. We are called to continue sharing that message, which is about love, hope and faith, about charity, but also salvation, about changing our behaviour and leaving things behind to follow Him.

Rather than limiting ourselves to being kind and listening, or only quoting rules, we must take the best of both, and approach the other in kindness, love and, no less important, honesty.

Ideally, the messages of both Cardinal Eijk and Bishop de Korte are read and appreciated by readers, who can find value in both. Reality, however, shows that people would rather put the one against the other and resort to name-calling or mocking in social media. Whatever the intention of a bishop in writing an article, I am quite sure that is never it.

Pope appoints Dutch bishop as member of Church’s highest court

jan_hendriksYesterday Pope Francis appointed five new members of the Supreme Tribunal of the Apostolic Signatura, the highest court of law of the Catholic Church. In addition to three cardinals and an archbishop, one of the new members is Bishop Jan Hendriks, auxiliary bishop of Haarlem-Amsterdam. He is also the only new member who does not reside in Rome or has been a member of the Signatura before. He will exercise his new duties in addition to his current ones.

Bishop Hendriks is a canon lawyer, having various legal functions in a number of dioceses, and he is also a consultor of the Congregation for the Clergy.

In his blog he descibes the duties of the Apostolic Signatura:

“The Apostolic Signatura is the ‘supreme court’ of the Catholic Church and judges, among other things, certain forms of appeal against judgements of the Roman Rota and appeals against certain decisions of policy (administrative disputes). […] The Signatura generally judges if the decisionmaking process has been correct.”

The other members appointed along with Bishop Hendriks are Cardinals Agostino Vallini (Vicar General emeritus of Rome and Prefect of the Supreme Tribunal from 2004 to 2008), Edoardo Menichelli (Archbishop emeritus of Acona-Osimo and former secretary of the Prefect), Raymond Burke (Prefect of the Supreme Tribunal from 2008 to 2014) and Archbishop Frans Daneels (Secretary emerotis of the Supreme Tribunal).

60 years a priest – Cardinal Simonis looks back and ahead

Simonis 60 jaar kardinaal Simonis klCongratulations to Cardinal Adrianus Johannes Simonis, who yesterday celebrated the 60th anniversary of his ordination in Utrecht’s cathedral of St. Catherine. The 85 year-old cardinal was archbishop of Utrecht from 1983 to 2007 and his successor, Cardinal Willem Eijk, invited him to mark the milestone in his former cathedral, the mother church, in a way, of the entire Dutch Church province.

The fact that Cardinal Eijk had invited Cardinal Simonis, and spoke words of praise about the jubilarian’s life and work in one of the most turbulent periods in recent history for the Church in the Netherlands, may well be seen as some evidence of reconciliation between the two prelates. Following Cardinal Eijk’s arrival in Utrecht in 2008 there had been ruffled feathers because of major changes enforced by Cardinal Eijk in the running of the archdiocese and differences in style and personality between both cardinals. Yesterday, however, Cardinal Eijk concluded his address as follows:

Simonis 60 jaar receptie toespraak kl“In all these developments you always remained true to your motto, which you also quoted in your homily in this morning’s Eucharist: “Ut cognoscant te,” “That they may know you.” The goal of your entire priestly life was and still is that people will get to know and meet Christ, the Good Shepherd, who calls himself “the way, the truth and the life” (John 14:6). Through Him we come to the Father. In imitation of Jesus you sacrificed much to bring the people entrusted to your pastoral care to the full truth in the Risen Lord. We are and remain very grateful to you for that. Now that we are celebration the 60th anniversary of your ordination to the priesthood, we pray that the Lord may bless you abundantly.”

At the start of the Mass Cardinal Simonis already referred to Cardinal Eijk’s kind words, and played them a bit down, saying:

I must, however, admit that I have been far from a perfect priest, let alone a perfect bishop in the 47 years of those 60. We are only reconciled if we ask God for forgiveness and continuously return to Him. More than even, I want to pray today for this forgiveness. God has been wonderfully merciful to me for sixty years, but I want to admit to Him and you how much I have failed in even fulfilling this grace. May God be merciful to me and may he grant that we will be together in this hour, in His Spirit, who is the Spirit of truth, of love and of peace.”

In his homily, which, he says, he was advised to make more like a witness than a speech, Cardinal Simonis looked back on his life, often comparing the past with the present.

“The tragedy of my life – if I am allowed to put it like that – is the fact that [religious knowledge among the people] is extremely lacking. […] Roughly half of the Dutch population considers themselves irreligious, while the other half includes many ‘somethingists’. You often hear, “I believe there is something”. That’s it for our Good Lord! The Father and the Son reduced to ‘something’! Sadly, we live in a time of radical secularisation, which in essence means ‘getting rid of God’. There is barely room for God, let alone a personal God. Many have traded faith for indifference, despite the tireless warnings from Pope Francis at the Wednesday audiences. And if there is anything that is clear from the Gospel, from Jesus’ preaching, it is that God is a personal God. The boundless secret of God, simply described by Jesus as “Our God, who art in heaven.”

He continues on a more personal note on this topic:

“How am I under all this? Well, it is the great dark side of my life as priest and bishop. In a manner of speaking, I get up with it in the morning and go to bed with it at night. The only thing I can do now is pray that the Holy Spirit perform the miracle of conversion and true religious renewal.

Isn’t all this too pessimistic? Msgr. Jansen [first bishop of Rotterdam, who Cardinal Simonis succeeded as bishop in 1970] one told me, “You are a pessimist”. I answered him, “No, monsignor, I am a realist”. Upon which he said, “That’s what all pessimists say”. Now, I must admit that the virtue of hope is not my strongest virtue. Which is a disgrace for a Christian, to be honest! That is why I pray multiple times a day for strengthening of faith, hope and love, both for myself and for the more than 400,000 faithful I was able to pass on the Spirit to.”

It being Corpus Christi, and the Eucharist being the heart of the priestly life, Cardinal Simonis unavoidably spoke about the first and foremost of sacraments.

When, in the 1960s, the focus rather one-sidedly shifted from the Eucharist as sacrifice to the Eucharist as meal, Cardinal Alfrink [Archbishop of Utrecht from 1955 to 1975] wrote an article that I have always rememberd: “The Eucharist is, in the first place, a sacrifice in the form of a meal.” That is how I still celebrate the Eucharist, primarily as a sacrfice, sacrifice of reconciliation, of adoration, of supplication and of gratitude; the sacrifice of the new covenant for the forgiveness of all sins. We no longer need to sacrifice bulls, sheep or lambs to God. The one sacrifice of Jesus on the cross, of He who Paul so strikingly calls “the self-giving”, is enough for God. In Him, God’s love was fulfilled completely. That sacrifice was made one, but it is hidden in God’s eternal ‘now’, from which it is made present among us ever anew, so that we people who live some 2,000 years later, can join in that sacrifice and take part in its fruits.”

The cardinal concludes with an earnest desire for the future:

“I have no greater wish than that those who call themselves believers will sanctify the Day of the Lord again by celebrating, if possible, the Eucharist. There will be little future for the Church in the Netherlands when our faith is not continuously nourished by the proclamation of the Word of the God and the reception of the Lord Himself as nourishment for our lives.”

Simonis 60 jaar Mis kl

Concelebrating the Mass with Cardinal Simonis were Cardinal Eijk and his two auxiliary bishop, Msgrs. Hoogenboom and Woorts, as well as Bishops Gerard de Korte of ‘s-Hertogenbosch, Ron van den Hout of Groningen-Leeuwarden and Wiertz of Roermond. From Germany came Cardinal Joachim Meisner, emeritus of Cologne, and from Rome Msgr. Karel Kasteel, former secretary of the Pontifical Council “Cor Unum”. Bishops de Jong and Hendriks attended the reception.

Photo credit: Archdiocese of Utrecht

In exile? – A motto for the new bishop

Now that a new bishop for Groningen-Leeuwarden has finally been appointed, a period of  months begins until his consecration. Set for 3 June at St. Joseph’s cathedral, Msgr. Ron van den Hout will be the first bishop consecrated there since 1999, and only the second one ever. The new bishops’ predecessor, Msgr. de Korte, was already a bishop when appointed to the northern diocese in 2008, so he was only installed as ordinary. It is not yet known who the consecrating bishops will be, but I would not be surprised if Bishop Gerard de Korte would serve as chief consecrator. Bishop-elect van den Hout not only succeeds him as bishop of Groningen-Leeuwarden, but also served as his vicar general in ‘s-Hertogenbosch for a year. The bishop who initially appointed Msgr. van den Hout as his vicar general, Msgr. Antoon Hurkmans, could also be invited to travel north from Rome to be one of the two co-consecrators.

f035fdc6-a42b-4ea3-ac5c-e1382f1d2d97Following his presentation at the diocesan offices yesterday, Msgr. van den Hout revealed the motto he has chosen to grace his coat of arms (still to be designed): In exilio spes (Hope in exile). At first glance perhaps a reflection of his being sent far away from home, to a diocese with significantly fewer Catholics (noting the contrast with his home diocese, the bishop-elect said, “I know that there are few religious, there is no Catholic university, there are no guilds”), the true reason is different. Msgr. van den Hout explains:

“One of the Eucharistic prayers says, “Confirm your Church in exile. Make her one in love and faith” [literal translation from the Dutch text – MV]. In my lectures the topic of exile was frequently addressed. In exegesis, the time of the Persian and the exile has been given more attention.

Difficult times are Always a phase in salvation history. Israel survived the exile because it was willing to seek out God once again.”

His soon-to-be brother bishop Jan Hendriks, auxiliary bishop of Haarlem-Amsterdam, sheds some more light on the motto:

“With it, he, as an exegete, links to a topic which is close to his heart, as well as to the words of Pope Francis during the last Ad limina visit. The Pope compared the situation of the Church in our country with that of the exile of the Jewish people: there can be a tendency to look back to a glorious past, but the mission – which the prophets then pointed out to the Jewish people – is to look ahead, to seek out God and work towards the future with confidence and perseverence.”

Upon the news of Bishop-elect Van den Hout’s appointment, which was, perhaps unavoidably leaked several hours in advance, the Bishops’ Conference welcomed him into their ranks. Via conference president Bishop Hans van den Hende, they assured him of their prayers, especially in the weeks towards his consecration and installation.

In a letter to the priests and pastoral workers of his diocese, Bishop Gerard de Korte reacted with sadness and joy to the new mission of his vicar general, writing:

naamloos“Pope Francis’ choice means a great sacrifice for our Diocese of ‘s-Hertogenbosch. In the past year I have gotten to know Ron as a jovial priest of Brabant.

Through the appointment of Dr. Van den Hout as new bishop of Groningen-Leeuwarden I lose a reliable and hard-working coworker. But I get him back as a colleague in the bishops’ conference.

I congratulate the faithful of my old diocese with the new bishop, and hope and expect that they will greet him warmly.”

Photo credit: [1] Bisdom Groningen-Leeuwarden, [2] Ramon Mangold

A social media-using bishop who doesn’t overstay his welcome, please

coat of arms roermondThe next bishop of Roermond should be a social media user, but is to stay in office for 15 years at most, a poll amongst priests of the Diocese of Roermond by newspaper De Limburger has revealed. The successor of Bishop Frans Wiertz, who will reach the mandatory retirement age of 75 in December, should be communicative, using social media and other means to reach people. He should also be a bishop in the line of Pope Francis, with strong and inspirational policies. Several priests have said that the diocese’s management has been slowly dying down in recent years. Bishop Wiertz has been at the helm of the southern Dutch diocese since 1993, which makes him the most senior among the Dutch bishops.

A consequence of the need for fresh management and policies is that a bishop shouldn’t stay in one place for too long. “Ten, fifteen years is nice, but then it is  time for a new one,” Father Harrie Broers says. Father Jos Spee, the dean of Venlo, adds, “Different times need different challenges and that is why change is needed on time. Therefore it’s best to appoint a bishop in his mid-sixties. He will cease automatically at 75.”

Mgr. F.J.M. Wiertz

Bishop Wierts was appointed at the age of 50. Recently, his eye sight has been failing, although he hopes to be able to continue in his office until turning 75 on 2 December. Since 1998, Bishop Wiertz has been assisted in his duties by auxiliary Bishop Everard de Jong.

A social media-using bishop would certainly constitute a change in the Dutch episcopate. Although some bishops have dabbled in using twitter or a blog, only Bishop Jan Hendriks, auxiliary bishop of Haarlem-Amsterdam, is an active blogger who also uses Twitter and Facebook, and not only to share, but also to communicate with his followers.

For the sin of abortion, Papal letter gives priests power to absolve and lift excommunication

In his Apostolic Letter Misericordia et misera, published today, Pope Francis looks back on the Holy Year of Mercy, which ended yesterday, and announces some special decisions made for that year, which he wishes to continue. Among these is the faculty of all priests to absolve penitents from the sin of abortion. While this faculty was already given to priests of various countries, including the Netherlands, by local bishops, it is now a worldwide step. It is hoped, like it was when the Pope first announced it at the start of the Holy Year, that this makes it easier for people who performed an abortion or had one performed to come forward and receive the Lord’s forgiveness.

Abortion, as the Pope also emphasises in his Letter, remains a grave sin, and that means that there is a little more involved than only absolution. Bishop Jan Hendriks, auxiliary bishop of Haarlem-Amsterdam and a doctor in canon law, explains things in a blog post today and refers to various canons from the Code of Canon Law:

jan_hendriks“There is an excommunication attached to the committing of an abortion (c. 1398). The Pope does not expressly mention this. He only speaks about ‘absolving’, freeing from sin. Being freed from the excommunication is a requirement for receiving absolution and being freed from sin. Therefore, the words of the Pope implicitly include for all priests the faculty to lift the excommunication.

So a priest can absolve for abortion and this faculty can, in principle, be exercised everywhere in the world (unless a local bishop or vicar would, in particular cases, deny this (c. 967, par.2), but that will not happen often).

The Pope once again emphases both the serious nature of the sin of abortion and the need to approach those who have committed abortion with love: there is no sin that can destroy the mercy of God!”

There has been some criticism against the papal letter for its lack of clarity in this matter. Bishop Hendriks’ explanation would indicate that the ability to absolve the sin includes the faculty to lift the automatically incurred excommunication. A penitent person who’s sin has been forgiven in the sacrament of Confession, is therefore automatically free to participate in the life of the Church again, as he or she is no longer excommunicated.