What the official approval of the Pope means

Standard for bishops – the synodal document as an ordinary magisterium

Bonn/Vatican City - Pope Francis actually wanted to let the Synod on Synodality have the last word. Now, however, he has once again commented on the final document and made it unmistakably clear that it is part of the magisterium. Despite often vague statements, this has clear consequences for bishops.

Published  on 27.11.2024 at 00:01  – by Felix Neumann

In the end, the Pope needed more than a speech and outstretched hands to sign the final document of the Synod on Synodality to recognise it unequivocally. Already in his closing address to the Synod Pope Francis announced that this time there would be no post-synodal letter from him. "What we have accepted is enough," he said - but it was not yet clear how these words were to be interpreted. Because there is actually no "we" in the synod between the Pope and the synod members: the Pope himself is the counterpart of the synod and its chairman, not its member.

Some - such as the German synod advisor Thomas Söding - saw the Synod strengthened by the immediate adoption of its final document. Others - such as the canon lawyer Norbert Lüdecke - pointed out that the colloquial "we" of the Pope does not necessarily mean the binding papal approval under canon law, which the synodal rules provide for in order to give the final document "a share in the ordinary teaching authority of the successor of Peter".

Conclusion of the deliberations at the World Synod
Bild: ©KNA/Vatican Media/CNS photo

When Pope Francis speaks of "we", this must not obscure the different roles and tasks of the Pope and the Synod - which is why a supplementary note was needed to clarify the status of the Synod document unequivocally.

In the end, both sides were right: the final document is part of the ordinary magisterium, but only a formal and therefore unmistakable papal act of approval made this clear: On Monday Monday, the Vatican press office published an "accompanying note" from Pope Francis on the final document. In it, the Pope explicitly refers to Article 18 of the Synodal Constitution "Episcopal Constitutions", which he himself enacted. Synodal Constitution "Episcopalis communio", which he himself enacted and the procedure for papal approval provided for therein: "The final document is part of the ordinary magisterium of the Successor of Peter (cf. EC 18 § 1; CCC 892), and as such I ask that it be accepted."

Much more than just a request

The fact that the Pope speaks of a request is a form of politeness. In fact, the binding force of a papally approved final document is significantly higher than a mere request - and can even lead to penal consequences if the faithful refuse the request. Both the Synodal Order and the Catechism Article 892 cited by Pope Francis refer to the ordinary magisterium of the Pope. Although this magisterium does not require "consent of faith", it does require "religious obedience of mind and will", as it is called in the language of canon law (c. 752 CIC). This means that nobody has to believe what is written in the final document, as would be the case with dogmas, for example.

However, it must be "reverently recognised" and the positions "sincerely adhered to", as the Second Vatican Council stated in its Church Constitution "Lumen Gentium" (No. 25). The "Münster Commentary on the CIC" comments that this is not intended to eliminate reason and will, and that independent "reflection and enquiry" are expected. Ultimately, however, it is expected at this level of binding force that the doctrine presented by the highest authority of the Church is accepted. This obedience was so important to church legislators that "obstinate rejection" of such teachings is subject to ecclesiastical penalties - in particular loss of ministry. Pope Francis does not explicitly refer to these consequences. However, he at least hints at them in view of conservative criticism of the Synod on Synodality and its resolutions.

However, the actual effects of the final document remain vague for the time being. The fact that Pope Francis would approve the document unchanged was not foreseeable during the drafting process and was apparently not in view. In view of the previous synods of this and previous pontificates, it was also expected that there would be a post-synodal letter in which the Pope would comment on the proposals of the synod members. The Bishop of Passau, Stefan Oster said after the publication of the document, for example, that the synod had assumed when drafting the text that it would submit proposals to the Pope, from which he would then create a binding text. The final document is formulated accordingly: There are no ready-made measures and regulations that would become law one-to-one with the approbation, but instead requests and wishes. In his closing address, Francis himself emphasised that the document "is not strictly normative". He repeats this remark in the accompanying note.

Doctrinal development even without a dogmatic decision

The final document does not envisage any changes to the Church's doctrine anyway. Approval does not change this. However, the approval does have an effect on the interpretation and development of doctrine, particularly with regard to a particularly controversial topic: in the final document, the question of the ordination of deacons is discussed. question of the ordination of female deacons is described as open. Although the answer to this question is still uncertain, the fact that it is labelled as open nevertheless represents a dogmatic clarification.

View of the audience hall during the deliberations of the World Synod
Bild: ©KNA/Vatican Media/Romano Siciliani

In the Vatican's audience hall, the synod members deliberated at round tables - in spiritual dialogue, not as a parliament that ultimately passed clear resolutions in the form of legislation.

In 1994, Pope John Paul II, in his letter "Ordinatio sacerdotalis" that the Church had no authority to ordain women as priests. The question of the ordination of women deacons remained open in the wording of the document - one side saw the ordination of women deacons by "Ordinatio sacerdotalis" as ruled out by the tripartite nature of the one sacrament of ordination, while the other side did not see it as such due to the lack of mention. By now counting the openness of the question to the magisterium, the open interpretation of "Ordinatio sacerdotalis" was confirmed at the same time - regardless of the equally controversial question of whether "Ordinatio sacerdotalis" is part of the infallible or only the ordinary magisterium of the Church.

It is still up to the Pope to decide what to make of this open question. He had already moderated this and other controversial questions away in working groups responsible for topics for which "time is needed to reach decisions that involve the whole Church" - Francis also quotes this section of the closing speech again. He now holds out the prospect that more working groups could be added to the current ten in order to discuss issues of such importance.

Synodality as an attitude at the centre

The ten working groups to date already cover a wide range of critical topics: the relationship between the Eastern Catholic Churches and the Latin Church, poverty, mission in the digital world, the reform of the priestly training regulations, fundamental issues relating to ecclesial ministry (the question of women deacons was also discussed here), the relationship between bishops, religious orders and ecclesial associations, the episcopal office and its exercise, the role of papal nuncios, methods for dealing with controversial doctrinal issues and ecumenism. As these groups continue to work, it will also be difficult to identify clear guidelines with regard to the German synodal path: That which that leads to tensions in the world church was deliberately kept out of the synod discussion as far as possible.

For the Pope, synodality as a fundamental method of how the Church lives and works seems to be more important than specific questions: According to Francis, the results of the Synod should now provide the Church with "authoritative guidance for its life and mission", while certainly already producing concrete results: the local churches are already obliged to make decisions in the spirit of the final document and implement the indications "through the processes of discernment and decision-making provided for by the law and by the document itself".

The individual local churches and their bishops in particular are thus faced with the task of discerning what is already possible within the framework of the law. Although the final document provides for a strengthening of the bishops' conferences, most of this is likely to be implemented at the level of the individual dioceses: The fact that bishops' conferences have hardly any decision-making powers of their own has been recognised since the Second Vatican Council and also by Pope Francis himself. Pope Francis himself Pope Francis himself - but the Pope, as the competent legislator, has so far hardly given them any new competences. At the Synod on Synodality, however, it was repeatedly hinted more or less openly that work on reforms to canon law was already underway without it being known what was planned.

During the ad limina visit, there is an obligation to report on synodality

In many cases, however, the Pope is concerned with effectively implementing what the law already authorises. Particularly with regard to the greater participation of lay people, the very different practices in different local churches show the range that is already possible today - the German dioceses are pioneers here. German dioceses are pioneers herewhich make particularly strong use of the possibilities offered by the law - in some cases with special Roman authorisation.

A bishop closes a pen, under his hands lies the final document of the World Synod
Bild: ©synod.va/Lagarica

A bishop closes a pen, under his hands lies the final document of the Synod on Synodality - in future, bishops would be well advised to understand the final document as a working programme.

There is more room for manoeuvre below the legal structures. Here, the Pope calls for "a synodal discernment and the creative activation of new forms of ministry and missionary action within the framework of the possibilities indicated by the final document". Experimentation is expressly encouraged.

The responsibility for implementation lies primarily with the respective diocesan bishop. In his accompanying note, the Pope places particular responsibility on him: in future ad limina visits, during which the bishops make a pilgrimage to Rome and give an account of their ministry to the Pope, the bishops must explain in their report what decisions they have made with regard to the final document, what difficulties they have encountered and what fruit they have been able to reap as a result.

This should now also characterise the further handling of the final document: All development and planning in the local churches will in future be measured against the criteria developed in the final document. All believers can use the results of the Synod as a yardstick for their bishop - and, in view of the accountability of bishops, which is emphasised in the final document, can also demand answers, at least with moral authority. In future, those who do not implement the synod's proposals will be held accountable, not those who go ahead and experiment. However, nothing will actually change in a legally binding way until Pope Francis himself takes action. Because despite all the synodal rhetoric of "we": in the end, it is the Pope who decides, and no one else.

by Felix Neumann