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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The collection plate appears

With Easter around the corner, it seems that this Lent is, again, a time to shake the collection plate. Not a thing I like to do, but sometimes necessity overrules desire.

So, if you like what I write, consider making a fitting donation via the PayPal button in the sidebar (or at the bottom of this post). Of course, this will not be without anything in return. There are several things in the pipeline which, I hope, will provide good reading.

And if it doesn’t, you can always consider having me write for you. In that case, send me an e-mail at mr.hofer@gmail.com and I will try to get back to you as soon as possible.

For 2018, a somewhat obscure saint

Heilige_AfraEvery year I use the Saint Name Generator to find a patron saint for my blog for the year. Whatever name the generator may come up with, I always try to see it as something of an inspiration and guide for my future endeavours here and in social media. But sometimes, that’s difficult.

This year, I was given the name of Saint Afra. She’s no only a very old saint, having died in 304, but also one of whom we know very little beyond her legend. But at least she hails from the area which I try to cover in this blog: of Cypriot origins, she led a holy life and died in Augsburg, Germany.

Her legend tells us that she was originally a pagan, possibly the daughter of the king of Cyprus, working as a prostitute (perhaps in the service of the local temple of Venus). She converted when she and her mother hid the bishop of Girona, Spain, who was fleeing the persecutions under Emperor Diocletian. Now a Christian, she was arrested when she refused to make a sacrifice to pagan idols, and was killed by being burned at the stake (although some sources say she was actually beheaded). The story of her martyrdom is by far the more reliable part of her legend.

Her patronage includes the city of Augsburg, converts, martyrs and penitent women. There, at least, we may find something to relate to as your author is himself a convert (eleven years ago coming April). Maybe Afra’s steadfastness in the face of adversity will prove to be an inspiration as well.

Sancta Afra, ora pro nobis!

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).

Blog relaunch, and a request

Summer is ending, so blogging can be expected to pick up again (and I am well aware that I am nowhere near the blogging frequency of earlier years). On the one hand that is good, as it means that there are other parts of life that demand my time and attention (hint: marriage is good one). On the other, it leaves my readers wanting for things to read. And I still think I have some things to say, even when the blogging world, not least the Catholic blogging world, has changed over the years. I still intend to write about Catholic topics (local and international) as they develop, and in that sense it is hard to predict when I will write about what. Still, write I hope to do.

While life on the whole is good, there are always concerns and worries. Lately, finances have been a bit tight, which is why, to borrow a phrase, the tin cup rattles once more.

Bills need paying, food wants a place on the table… And my writing may perhaps contribute to those practical purposes. Hence my humble request for your kind donations. In return I will write, inform, hopefully inspire… and I will remember you in my prayers, at Mass and in the privacy of my home (and perhaps also in the spontaneous prayerful exclamations that slip out in times of need or surprise).

This little button (or its brother in the right side bar) will take you to the right place to donate whatever amount you please.

My thanks is great.

Ordinations, or the lack thereof – an update

Following the discussions triggered by this post about ordinations of new priests and deacons in northwestern Europe, I have gone over the announcements from the various dioceses and created a list of all the ordinations in 2017 in the dioceses of the Netherlands, Flanders, Germany and the Nordic countries. There are more than I listed in my original post (which, it has to be emphasised, never aimed to give a complete picture).

The list, which can be found at the bottom of the sidebar on the right, is a work in progress, as ordinations, in many cases, are announced mere weeks before they take place. It is my intention to give some idea about the numbers of new priests and deacons that the Church in these parts is blessed to receive.

Lent donations appeal, with a personal touch

This time, the donations appeal has a bit of a personal element, in addition to it being timely for Lent. As ever, any donations I may receive will be used for the blog and related social media efforts, by which I attempt to inform readers about current events in the Catholic Church in and around the Netherlands, to share my opinions about said developments and always to try and communicate the facts behind the headlines.

But wait, there is more.

m02_collecte_schaal

On March 24th I will marry my fiancée of four years. Anyone who is or going to be married, will know that the preparations for a wedding require a lot of work and time. And, obviously, also money. And that’s just for the day itself. Our life together will only truly begin then. Your donation will also go some way in easing the financial demands of that joyous, and, to be fair, really rather exciting, day.

If you enjoy and appreciate my blog, please consider making a one-time contribution via the PayPal button below or in the sidebar. In addition to my ramblings here, I am also available for writing or translation jobs for your media or purpose of choice.

My gratitude will be great, and I will remember my donors in my prayers. Via PayPal you can add any comments or wishes to your donation. I will take these seriously, of course, and make sure that your donation will be used according to your wishes.