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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German bishops to explore access of non-Catholics to Holy Communion

dbk logoThe German bishops have been rather popular targets in more conservative Catholic media for their supposed liberal policies and decisions, and sometimes rightly so. In their spring meeting in Ingolstadt, which concluded yesterday, they made another such decision. One that will undoubtedly will be heavily criticised and presented in terms of heresy (looking at you, Gloria TV). However, in this case, the criticism is generally unwarranted.

The bishops have been discussing when non-Catholic partners of a Catholic can receive Holy Communion with their husband or wife. Cardinal Reinhard Marx, the president of the German Bishops’ Conference, said that there had been an intense debate and many serious objections against opening up access to the Eucharist in such a way. A great majority of the bishops nonetheless voted in favour of creating a pastoral guide for situations when a non-Catholic may receive Communion alongside his or her partner.*

Communion-WafersCardinal Marx stated that the bishops have no desire to change dogmatics. The pastoral guide they are proposing will be based on canon 844 §4 in the Code of Canon Law, and it will help a pastor decide if an exception to the rule is possible. Canon 844 §4 discusses the conditions under which a non-Catholic can receive Communion. If there is a danger of death or some other grave necessity (according to the judgement of the local bishop or the bishops’ conference), and if the person involve has no recourse to a minister of their own community, a priest can licitly administer Communion to him or her. The person receiving must also seek the sacrament of their own volition and must manifest the Catholic belief in the sacrament and be otherwise able to receive (just like all Catholics). The bishops claim that there can be such a strong desire in mixed marriages to receive Communion together that not responding to this can endanger the marriage and faith of the spouses. This, they claim, can be the “grave necessity” the Code of Canon Law refers to.

“We don’t want to say that everything is equal,” Cardinal Marx stated. This decision in no way means that all non-Catholic Christians in Germany can now receive Communion in Catholic churches. But as there are allowances in canon law, the bishops have deemed it prudent to help priests and pastoral workers decide if such possibilities actually exist in individual cases.

The document will be published in the coming weeks.

*The main obstacle in this context is the fact that receiving Communion is also a profession of faith. A non-Catholic Christian professes a different belief in the transsubstantiation of bread and wine into the Body and Blood of Christ, and for this reason the Catholic Church prohibits them from receiving the Eucharist in Holy Communion.

Looking ahead at a new year

Midway through the last month of the year, it is a good time to look ahead to the new year. 2018 will undoubtedly feature its share of Catholic news, developments and, not least, opinions in social media. Every year since the launch of this blog has had had more than a few surprises, so a look at the future can’t be anything but incomplete, but there are a few things which we know will happen.

Algermissen2The retirement and appointment of bishops is pretty easy to predict, as bishops are legally bound to offer their resignation when they reach the age of 75. Locally, there are currently three dioceses without a bishop: Roermond in the Netherlands, and Hildesheim and Würzburg in Germany. In 2018, two more will likely join these: in Fulda, Bishop Heinz Josef Algermissen (at right) will celebrate his 75th on 15 February, and in Namur, Bishop Remy Vancottem will do likewise on 25 July. A third likely diocese to fall vacant in Ghent. Bishop Luc van Looy will turn 77 on 28 September. Upon his 75th birthday, the diocese made it known that Pope Francis had requested the bishop stay on for two more years, and that extension is up this year.

Other predictable events include the 80th birthdays of cardinals, the age at which they cease their duties in the Roman Curia and are no longer able to participate in a conclave. In 2018, six cardinals will mark this milestone:

  • Antonio Maria Cardinal Vegliò on 3 February
  • Paolo Cardinal Romeo on 20 February
  • Francesco Cardinal Coccopalmerio on 6 March
  • Manuel Cardinal Monteiro de Castro on 29 March
  • Pierre Cardinal Nguyễn Văn Nhơn on 1 April
  • Angelo Cardinal Amato on 8 June

Visita_de_Cardenal_Angelo_Amato_-_17792469768_(cropped)While all hold memberships in various dicasteries in the curia, two of these sit at the head of them: Cardinal Coccopalmerio is president of the Pontifical Council for Legislative Texts and Cardinal Amato (at left) is the prefect of the Congregation for the Causes of Saints. Cardinal Nguyễn Văn Nhơn remains active as archbishop of Hanoi. All will undoubtedly retire upon their 80th birthday, opening up some interesting positions in the curia. Barring any deaths, the number of cardinal electors will stand at 114 by mid-2018. Possibly not low enough for a new consistory by itself, but considering the fact that a further 10 ill age out in 2019, Pope Francis may decide to be proactive and call a consistory in autumn for the creation of anywhere between 6 and 16 new cardinals.

World-Meeting-of-Families-2018Speaking about the pope, he will, despite the fact that he has no love for travelling, visit several countries in 2018. In January, he will once again return to South America, visiting Peru and Chile. Ireland is on the schedule in August, when the Holy Father will attend the World Meeting of Families taking place in Dublin (logo at right). Visits not yet confirmed are to the Baltic countries in September and to Romania in December. A visit to India also remains an option, but as Pope Francis has just wrapped a visit to India’s neighbouring countries of Myanmar and Bangladesh, it may not be at the top of the list.

synod of bishopsIn the latter part of the year, all eyes will be on the Synod of Bishops again, this while the reverberations of the last two assemblies of that body are still being felt. The October 2018 Fifteenth Ordinary General Assembly of the Synod of Bishops while focus on “Young People, Faith and Vocational Discernment”. To this assembly, each bishops’ conference will elect one or more (depending on their size) delegates, while the Pope will also make a personal selection of delegates. One of these personal choices has already been made: Sérgio Cardinal Da Rocha, the archbishop of Brasília, was appointed as Relator General of next year’s assembly. He will outline the theme at the start of the assembly and summarise the delegates’ speeches so they can be condensed into concrete proposals.

Photo credit: [1] Bistum Fulda, [2] Fotos Presidencia El Salvador/Wikipedia

Lectures and meetings – baby bishops’ school in Rome

This past week, the bishops who have been appointed in the last year were in Rome for what has become known as ‘baby bishops’ school’, a series of lectures on things related to being a bishop. Among the participants was Bishop Ron van den Hout of Groningen-Leeuwarden, appointed in April of this year. The last time a Dutch bishop participated was in 2012. The week-long course has existed since 2001 and is jointly organised by the Congregations for Bishops and for the Oriental Churches.

20170908-_C817730.jpgBishop Ron van den Hout, at left, concelebrates the daily Mass during the course for newly-appointed bishops.

This year’s topic of the course was ‘Teachers in discernment’, and, according to a factual report on the website of Bishop van den Hout’s diocese, the bishops heard lectures on mutual collegiality, the relationships with the priests of the bishop’s new diocese, ecumenism, pastoral care for priests and their affective life, Church and media, the missionary Church, and the role of canon law in managing a diocese.

The German bishops were with six in Rome, among them Bishop Peter Kohlgraf of Mainz, who shared the photo below on his Facebook page, of bishops (and one priest) at dinner.

21740590_979533605512127_6593107632050468441_n

From left to right: Franz Josef Gebert (auxiliary, Trier), Georg Bätzing (Limburg), Fr. Stefan Langer (Hamburg), Peter Kohlgraf (Mainz), Horst Eberlein (auxiliary, Hamburg), Dominicus Meier (auxiliary, Paderborn (albeit not a newly-ordained bishop)) and Rupert Graf zu Stolberg (auxiliary, München und Freising). Absent from the gathering were Bishops Mattäus Karrer (auxiliary of Rottenburg-Stuttgart) and Rolf Lohmann (auxiliary, Münster).

 

Next to the lectures, Bishop Kohlgraf identifies another important element of the week. “Another at least equally important part is formed by the conversations between the individual participants. It allowed me to get to know brothers who work in very sober and sometimes difficult situations and yet radiate great joy”. A participant in last year’s edition, Bishop Richard Umbers of Sydney, Australia (a bishop you should follow in Facebook or Twitter, by the way), said something similar in a recent conversation with Crux: “Make sure you organize a few lunches and dinners along the way. Make sure you make time to get to know some of those bishops in a more intimate setting. Build friendships there.”

The new bishops were received in audience by Pope Francis on Thursday afternoon. In his address, the Holy Father reminded them that “[t]he mission that awaits you is not to bring your own ideas and projects, nor solutions that are abstractly designed by those who consider the Church a home garden but humbly, without attention-seeking or narcissism , to offer your concrete witness of union with God, serving the Gospel that should be cultivated and helped to grow in that specific situation.” He spoke about discerning God in everything the bishops does and says. “Remember that God was already present in your dioceses when you arrived and will still be there when you are gone. And, in the end, we will all be measured not by counting our works but on the growth of God’s work in the heart of the flock that we keep in the name of the “Pastor and keeper of our souls” (cf. 1 Pt 2:25)”.

 

Bishop Voderholzer’s remedy to dropping numbers

In a homily at the pilgrimage site of St. Anna Schäffer in Mindelstetten, Bishop Rudolf Voderholzer of Regensburg addressed the recently released statistics regarding church attendance and such in the Catholic Church in Germany. He compares them to the equally disastrous numbers in the Lutheran church and explains that the standard liberal remedies of constantly wanting to change church and faith, and getting rid of perceived oppressive dogmas, is not the solution to the crisis.

According to Bishop Voderholzer, the numbers point out something else: an evaporation of faith. He also puts this into perspective, saying that the Lord never promised his followers to be a majority anywhere. Rather, he foresaw difficulties and opposition. So, depressing numbers should, in themselves, really not be a cause for us to give up.

1085557_m1w590q75v2214_PortrtbildBischof_2“Dear sisters and brothers in the Lord!

Last Friday, the 21st of July, the statistics for the Catholic Churc and the Lutheran Church in Germany for the year 2016 were published. You will probably have heard a few things about it via radio and television or in the newspaper.

The outcome was not very surprising. Like before, the number of people leaving the Church are disconcertingly high, even when they have dropped by some 11 percent in the Catholic Church as compared to 2015. The number of baptisms has increased slightly, the number of marriages decreased soewhat. In Hamburg and Berlin the number of Catholics has grown, due to the influx of Catholic foreigners; but in general the number of Catholics is growing smaller.

Dear sisters and brothers, I do not want to bore you with numbers and statictics today, on the Anna Schäffer Day of Remembrance. But the public reactions to these numbers are noteworthy and lead us to look further.

As a remedy to turn these trends around and to preserve our social relevance we are continuously advised to – literally – “open up and rid ourselves of rigid conservative dogmas.”

In this case, these are:

Abolishing the celibacy of priests;

Removing the different tasks and appointments of men and women in the Church and admitting women into apostolic ministry;

Consenting to the demand of full legal equality of same-sex partnerships with marriage;

Admitting everyone to Communion, and so on.

You know the list of demands as well as I do.

Dear sisters and brothers! The problematic nature of this advice becomes clear with a quick glance at the statistics of the Lutheran church. If the application of the aforementioned pieces of advice would really be a way of improving the situation of the Church, flourishing life must be visible in the Lutheran church.

But what do the numbers say? More people leave the Lutheran church – and have done so, with the exception of 2014, for years – than the Catholic Church, despite the fact that in the Lutheran church these demands have all basically been fulfilled and all these alleged impediments to being church are no longer present. But this is generally ignored in public, even though the numbers were presented on the same day. Isn’t the reason that this is being ignored perhaps that it would reveal the blatant weakness, yes, the inconsistency and absurdity of this “good” advice to the Catholic Church?! Can one, in all seriousness, present the path of the Lutheran church as a remedy, when it is so often led to an even greater distance to the faith and the church? I say this without malice! I know Lutheran fellow Christians who completely agree with my assessment and who warn us Catholics not to make the same mistakes.

We must look much further in the whole debate. The statictics reveal a secularisation which has been progressing for years, a loss of church affiliation and lastly a decline in the substance of faith, an evaporation of the awareness of God. That is why we do not really have a shortage of priests, but a much more fundamental shortage of faith. The priest shortage is a symptom, like a fever. But the fever is not itself the disease, but it indicates the presence of an inflammation. I am certain: the fever of the priest shortage indicates the disease of lack of faith. As an aside, the Lutheran church has also long known the phantom of lack of priests, as there are too few young people who study theology and are willing to also put themselves professionally at the service of the Gospel; all this without celibacy and with the possibility for women to also assume the office of the priesthood! This should give us a sense of the true reasons for the lack of church adherence.

Dear sisters and brothers, come together at the grave of Saint Anna Schäffer! We all have the image and the fate of the Church at heart. But not in the sense that we belong to her as to a club whose public image and strength are the ultimate goal; but for the sake of the message and the sake of the people, for whose sake God became man in Jesus Christ. In the Church He takes us into service for His Gospel. The Lord did not promise us that we would always be the majority; rather, He predicted headwind and resistance.

For that reason we should not concern ourselves too much with numbers and statistics. What should concern us is that the Gospel can lighten up our environment, through our lives in faith. Everywhere where we overshadow the Gospel because of inattentiveness, lovelessness and hard-heartedness, we are called to convert and once more give the Lord space.

Instead of constantly changing the structures, also and especially the sacramental structures of the Church, instead of diluting the message of the Gospel and instead of proclaiming a light version of Jesus, evangelisation is called for, a saturation of society with the Spirit of Jesus. And the first and all-important step on that way is a daily striving towards holiness, the daily listening to God’s word and the willingness to begin the reform of the Church with myself. That is reformation: the renewal of faith, the restoration of the image of Christ which was engraved in us in Baptism and Confirmation. Where this is granted to us in God’s mercy, where we succeed in this, we will make the people of our time once again curious about the faith which supports us. And then we can also explain the hope that lives within us.

Dear sisters and brothers in the Lord! In the endeavours of evangelisation in our time Saint Anna Schäffer is in every aspect an example and also an advocate.

She wanted to devote her life to the mission abroad. But the Lord had destined her for the mission in her own country. Before becoming a comforter and source of joy in faith for many, she had to allow herself to be evangelised again, and radically so. Accepting her suffering as a partaking in the cross of Christ was anything but easy. Bedridden and with her gaze upon the cross she faced this process of inner healing and transformation. She so became a bright sign of God’s work, a messenger of faith to countless people and ultimately a saint of the Catholic Church.

And so we pray today for her intercession, that the Lord will grant each and everyone of us the grace to begin the reform of the Church in ourselves; that we muster the courage to lt ourselves be evangelised anew every day and in this way be prepared to serve the mission of the Church – for the salvation of humanity and the glory of the triune God, whose is the glory, today, every day and forever. Amen.”

In new directive, Church ignores plight of coeliacs. Except it doesn’t.

eucharistIn a letter released yesterday by the Congregation for Divine Worship and the Discipline of the Sacraments, the Church once again emphasises what can and cannot be consecrated during Mass. In essence, the bread must be made of wheat and the wine must be real wine, with at least some fermentation having taking place. The bread, the Congregation explains, must also contain gluten, even if just a small amount “to obtain the confection of bread”.

Two things struck me in the reactions to this letter in (social) media. One, many assume these are new rules, and two, people with coeliac disease can’t receive Communion. Both assumptions are untrue.

As the authors of the letter emphasise, “the norms about the Eucharistic matter are given in can. 924 of the CIC and in numbers 319 – 323 of the Institutio generalis Missalis Romani and have already been explained in the Instruction Redemptionis Sacramentum issued by this Congregation (25 March 2004)”.  The regulation they now present anew are not new, but have been standardised in the Code of Canon Law and various instructions. This new letter is simply a reminder to bishops that bread must be bread and wine must be wine (and not cake and lemonade, for example) – after all, that is what Jesus used at the Last Supper, and He specifically follow His example.

People who suffer from coeliac disease, and who are therefore unable to digest gluten, are in no way barred from receiving Communion. In many cases, they can receive bread with a small amount of gluten, and for those who can’t, it is perfectly possible to receive only the Blood of Christ. He is, after all, completely present in both bread and wine.

It is a shame, if not unexpected, that media outlets take this letter and present it as something it is not, ie. as something new instead of a reminder of established regulations.

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.