Church law allows pope to resign

February 11, 2013 11:22 AM

Pope Benedict XVI, who is stepping down at the end of this month, will become the first pope in six centuries to resign the papal office. The rarity of such an event raises many questions about Catholic law and its handling of such a development.

Church law does allow for a pope to resign -- if he is of sound mind and not forced out by fear or fraud.

According to the Vatican, John Paul II had secret letters, in 1989 and in 1994, prepared offering to resign if he were too incapacitated to fulfill his ministry.
 
Pope Benedict said in Light of the World, a collection of interviews with a German journalist, that a pope should resign if he clearly realizes that he is no longer physically, psychologically, and spiritually capable of handling the duties of his office, then he has a right and, under some circumstances, also an obligation to resign.”
 
But if it is simply a staggering burden to be pope, Benedict said, “One must stand fast and endure the situation. That is my view. One can resign at a peaceful moment or when one simply cannot go on. But one must not run away from danger and say someone else should do it.”
 
 
For insights, The Wall Street Journal spoke with the Rev. Robert J. Kaslyn, dean of the School of Canon Law at the Catholic University of America in Washington, D.C.
 
Q: Can Benedict XVI, who is 85 years old, participate in the conclave, like other cardinals?
 
Legally, the answer is no, unless he changes the law on his way out, says Father Kaslyn. The laws says you have to be younger than 80 to participate. He points to an “apostolic constitution” from 1996, a papal decree establishing the norms governing the vacancy of the Apostolic See and the election of the Roman Pontiff. It states:
 
Those Cardinals who celebrate their eightieth birthday before the day when the Apostolic See becomes vacant do not take part in the election … This does not however mean that the Cardinals over eighty years of age cannot take part in the preparatory meetings of the Conclave, in conformity with the norms set forth below.
 
Q: Under what circumstance can a pope resign?
 
Father Kaslyn says canon law speaks only “minimally” about the protocol for resignations. “Cardinals can’t say, no we don’t want you to resign,” he said. The important thing is that Benedict XVI informed the cardinals that he acted with “full freedom.”
 
The Code of Canon Law, the basic legal document of the Latin Church, states:
 
If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone.
 
That provision was adopted in 1983, according to Father Kaslyn, years after the Second Vatican Council. “The legal statement about resignation is broad enough to cover a variety of situations that can vary considerably,” said Father Kaslyn.
 
Q: How does one refer to a retired pope?
 
Benedict XVI would technically retain the title, Bishop of Rome Emeritus. “I doubt he would use the papal titles, but that’s something to be decided on,” said Father Kaslyn.
 

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