Governance in the Catholic Church and Fall Outs

It is my understanding that this conversation is part of ongoing lay formation through peer-learning without making claims to the teaching office of the Church which rightly belong to Bishops. The Catholic Church function in the political order, guided by the Pope as Spiritual Leader, Head of the Holy See, and ruler of the Vatican City. (Francis X. Murphy, in JSTOR: 1974). As leader of the Universal Church, a Pope must direct his ministry in both the ways traditionally described in the Latin terms “ad intra” and “ad extra” – inwardly to the Church itself, and outwardly to the rest of the world. (Francis X. Rocca: 2014)

The fundamental framework for governance in the Catholic Church (ad intra) emanate from the Code of Canon Law. Part II of the Code of Canon Law deals with “The Hierarchical Constitution of the Church” which is detailed in Canon 330 to 430.

In its 2000 years of history, changes have been made by popes through the instruments of Motu Proprio as for example “Mitis Judex Dominus Iesus” on appointment of Judges in Church Tribunals. Other instruments have been used to effect changes such as the 1981 Commission on the reform of Canon Law which gave birth to the current 1983 Code of Canon Law. In very recent time, we have heard about the New Constitution – “Praedicate Evangelium” which is expected to bring about even more radical reforms that may see more Lay people, Women and Religious heading Dicasteries (Ministries). The Church has also used Special Councils and or Synods; such as the one in progress now, to engage in broader listening and consultation that have settled vexed issues or likely to reform governance.

Highlights on How the Code of Canon Law sets out Governance in the Church

1. The Supreme Authority of the Church – The Roman Pontiff and the College of Bishops. In Canon 330, The Roman Pontiff, the successor of Peter and the Bishops, the successors of the Apostles are united together in one in Church governance.
2. In Canon 331, The Pope, who is the Bishop of the Church in Rome, is Head of the College of Bishops by virtue of his office. He has supreme, full, immediate and universal ordinary power in the Church; and he can always freely exercise this power. There is however a caveat in Canon 332 to the effect that he acquires power when lawfully elected and he has accepted the election. This is important because no one can just proclaim himself or made pope by some other unapproved processes and act as such.
3. Other governance structures and bodies. Canon 336 provide for the College of ALL Bishops where the Pope is Head, Convener and responsible for determining the Agenda. The Pope can convene all the bishops of the world in an Ecumenical Council to discuss a SPECIFIC AGENDA determined and published by him; so on a lighter note, there is no room for the conventional “any other business”. In Canon 342, the Pope can also convene a Synod of Bishops; distinguished by the fact it is not ALL Bishops but selected representatives of Regions and Territories. Canon 349 provide for the Cardinals of the Holy Roman Church who constitute a Special College with the prerogative to elect the Roman Pontiff. Now, we do know that they can also be convened for other purposes, as for example, Pope Francis has announced his intention to convene a Consistory of the Cardinals to “create 21 new cardinals” on 27^th August; one of which will be Ghana’s third Cardinal in the person of Cardinal-Elect Most Rev. Richard K. Baawobr. Let me just mention in passing that the Cardinals are according ranks and designations; as in Cardinal Deacons/Priests, Cardinal Deans and Cardinals of the Eastern Patriarchs.
4. Canon 360 provide for the Roman Curia. The Supreme Pontiff usually conducts the business of the Universal Church through the Roman Curia, which acts in his name and with his authority. These are the appointees of the Supreme Pontiff, as in Ministers of State in secular governments. Together with the Roman Pontiff, they form what is often called the Apostolic See or Holy See.
5. Canons 362 and 363 provide for the Papal Legates who are appointed, recalled or transferred by the Supreme Pontiff, as his representatives to Governmental Bodies, Special events to which he is not attending himself, etc. The Apostolic Nuncios effectively fall under this category.

Governance in Particular Churches

One important area of governance in the Church is the Particular (Local) Churches. Canon 368 provides as follows: “Particular Churches, in which and from which the one and only Catholic Church exist, are principally dioceses” In simple language, the Diocese is the administrative structure of the Local Church. They may exist in one of the following forms: a Territorial Prelature, a Territorial Abbacy, a Vicariate Apostolic, a Prefecture Apostolic, or a permanently established Apostolic Administration.

A Diocese is a portion of the people of God, which is entrusted to a Bishop to be nurtured by him, in such a way that, remaining close to its pastor and gathered by him through the Gospel and the Eucharist in the Holy Spirit, it constitutes a Particular Church. (Canon 369).

It is within the competence of the Supreme Authority alone to establish Particular Churches; once they are lawfully established, the law itself gives them juridical personality. Juridical personality, in common language, means a Body Corporate. If so, does this mean that the Laws of Ghana should automatically recognize our Dioceses as such or they have to take steps to regularize this?  This question must be answered by our Professional Catholic Lawyers and Canonist since it has serious implications on litigations on Diocesan properties, especially lands. Also, let our Lay Faithful desist from blaming particular Bishops for not creating new Dioceses or having created Dioceses along certain territorial lands.

Each diocese or other particular church is to be divided into distinct parts or parishes. (Canons 373 & 374). To foster pastoral care by means of common action, several neighboring parishes can be joined together in a special group, such as Deaneries.

The Bishops / Local Ordinaries

In Canon 375, the bishops are constituted pastors in the Church, to be the teachers of doctrine, the Priests of sacred worship and the Ministers of governance. Bishops to whom the care of a given diocese is entrusted are called Diocesan Bishops; the others are called Titular Bishops.

The Supreme Pontiff freely appoints bishops or confirms those lawfully elected. Canon Law also provides that, at least every three years, the Bishops of an Ecclesiastical Province or, if circumstances suggest it, of an Episcopal Conference, are to draw up, by common accord and in secrete, a list of Priests, even of members of institutes of consecrated life, who are suitable for the episcopate; they are to send this list to the Apostolic See. (Canon 377). Individual Bishops still have the right to do so also. A diocesan Bishop who judges that his diocese requires an auxiliary Bishop, is to propose to the Apostolic See a list of the names of at least three Priests suitable for this office. Canon Law also provide some basic requirements/attitudes as qualification for the episcopacy. Also, there are guidelines to take possession of a diocese.

The diocesan Bishop governs the particular Church (diocese) entrusted to him with Legislative, Executive and Judicial power, in accordance with the Law. Note that the conventional criterion of separation of powers is not applicable, neither is it a requirement of good governance in Church context. There is a caveat however in Canon Law! The bishop exercises Legislative power himself! He exercises Executive power either personally or through Vicars general or Episcopal Vicars, in accordance with the Law. He exercises Judicial power either personally or through a Judicial Vicar and Judges, in accordance with the Law. Note that the emphasis on “in accordance with the Law” is a warning against arbitrariness and capricious use of power. Another check or restraint on bishops is in Canon 395: The Diocesan Bishop is bound by the Law of personal residence in his diocese, even if he has a coadjutor or auxiliary Bishop.

Groupings of Particular Churches to Ecclesiastical Provinces and Ecclesiastical Regions.

This is now a requirement under Canon 431 without any exemption. The Provincial Council and the Metropolitan have authority over the Ecclesiastical Province; in accordance with the Law. By virtue of the Law, an Ecclesiastical province has juridical personality (a Body Corporate). The Holy See can join a number of provinces to form an Ecclesiastical Region. An Ecclesiastical Province is presided over by a Metropolitan, who is Archbishop of his own diocese. The authority of the Metropolitan (the Pallium) is limited ONLY to his Province. Thus, he requires a new one if transferred and he CANNOT and MUST NOT wear it in any Church outside his Province (Canon 437). A national Episcopal Conference, like the Ghana Catholic Bishops’ Conference (GCBC), is also formed according to canonical provisions as set out in Canon 447. Another baffling question is why the GCBC is not a recognized legal entity in Ghana but rather their National Catholic Secretariat (NCS) which is duly registered?

Is the Catholic Church open to changes in its Governance?

1. We Catholics believe that Jesus instituted the Papacy as a center of unity. But no one claims that Jesus established unchangeable election rules. Election of popes and bishops have changed over time. Fr. Michael J. Sheeran, SJ, President of Regis University of Denver, Colorado, has written extensively on this subject which is available online for reference.
2. During its almost two thousand years, the Church has been rather nimble in adjusting its mechanisms for selecting popes and bishops, and changing the scope of authority of Papal and Diocesan offices in response to changing secular realities.
3. Praedicate Evangelium, as major revolution? Fr. Gianfranco Ghirlanda, SJ, Emeritus Professor of Canon Law, has suggested that the New Constitution will regulate the life of the Roman Curia for coming decades. The Praedicate Evangelium posit that the power of governance in the Roman Curia “does not come from the sacrament of Holy Orders” but from the “Canonical mission” given by the Pope. Simply put, the Pope has prerogative to appoint any person among the Faithful for any service not requiring ordination.

When the new Constitution, Praedicate Evangelium comes to force this June, 2022, “anyone of the faithful can preside over a Dicastery or other organism of the Roman Curia, depending on the specific competence, power of governance and functions of these entities”. Some Canonist and Theologians have argued that this is consistent and builds upon Pope John Paul II’s reform of the Roman Curia in 1988 in Pastor Bonus #8  on the “vicarious character of Roman Curia”. Meaning, it receives its power from the Roman Pontiff and exercises it within its own essential and innate dependence on the Pontiff.

Signs of the times and Implications

• The August Extraordinary Consistory of Cardinals. As I explained earlier, there are two types of Consistories of Cardinals: Ordinary and Extraordinary. An Extraordinary Consistory is celebrated in particular cases and ALL the world’s Cardinals are called to take part.  An Ordinary Consistory takes place when the Pope needs the Cardinals’ counsel on some important (though routine) issue, or to give solemnity to a Papal decision such as the approval of canonizations. The last time that Pope Francis summoned the Cardinals to an Extraordinary Consistory was on February 12 – 13, 2015. Now that the New Constitution has been published, the Pope is once again calling the Cardinals to Rome for an Extraordinary Consistory. This is going to take place immediately after the Pope would have created 21 new Cardinals. It has been calculated that about 62% of the 132 Cardinals who would gather for the 29 – 30 August Consistory would be those created by Pope Francis. It is most probable that they may never have met or known one another! So, tongues are wagging! Is this likely to be a game plan by Pope Francis? If Yes, then what is the game plan?

The Unprecedented ongoing Synod. We begin with its unconventional theme; “For a Synodal Church, Communion, Participation and Mission”. Whose participation and how? It has already sparked both positive and negative reactions across the world and in Africa, we do know that some Clergy and Bishops are very apprehensive about it even if they retain a certain safe degree of reticence. A few of the Diocesan Reponses (Outcome Reports) that I have sighted, does show that some Lay people were quite vociferous in expressing their discontentment about some areas of Church governance. Will this trend reflect in the national report by the Ghana Catholic Bishops’ Conference? Also, what will be the likely impact of the Synod Deliberations in 2023 on Church governance?

Are there lessons to be learned by Church Organizations from the Synodal process, especially the desirable attitudes proposed? I would leave this to each one’s own guesses, conjectures and expectations. Whatever your view point, be reminded that all are invited to not only listen but also to speak with courage and parrhesia which is underpinned by freedom, truth and charity.

Who is Pope Francis making Cardinals and where are they headed to? We note, as in the case of Ghana, that Diocesan Bishops and sometimes Priests are being elevated to Cardinals. Even though this is not unprecedented, Pope Francis’ style and preference has given it much visibility and preponderance. Does Pope Francis intend that Cardinals remain in their Dioceses or the common practice of they either being Metropolitans or Heads of national Conferences will apply?

For example, after 27^th August, Most Rev. Richard K Baawobr will be the second most Senior Prelate in Ghana next to His Eminence Peter Cardinal Turkson, and will be addressed as such; His Eminence, Richard K. Cardinal Baawobr. All the Senior positions in the Holy See are, for the moment, filled up. He possibly will remain in Ghana and in his Diocese of Wa, at least for the time being. But Wa remains a suffragan Diocese of Tamale Ecclesiastical Province with its current Metropolitan and Archbishop. Only time will tell the fullness of these dynamics of governance in the Church under Pope Francis. Let us wait and see while praying at all times, that the Holy Spirit takes control and give direction to Holy Mother the Catholic Church.

A Presentation by Mr. Samuel Zan Akologo under the National Catholic Laity Council’s Faith Conversations Series