Benedict XVI's widely anticipated Motu
Proprio" will only cover "particular points" of norms governing the
Vacant See and Conclave, in particular with regard to the norm that provides
for resignation of a Pope. "'Until the Vacant see begins, the Holy Father can modify the procedures for the election of the Supreme Pontiff. Following the start of the Vacant See, the congregation of cardinals must determine the first day of the Conclave."
This was confimed this morning by Msgr. Juan Ignacio Arrieta, Secretary of the Pontifical Council for Legislative Texts, who during a press briefing explained the Apostolic Constitution Universi Dominici Gregis'''', issued by Pope John Paul II exactly 17 years ago, February 22, 1996, to update norms on the Vacant See and the election of the Pope.
The expert in Canon law explained that the legislation "is very strict to avoid uncertainties and risks that have emerged in two thousand years of history."
So, in answer to a question, he explained that for cardinals participation in the conclave "is a duty" - "they are required, and in virtue of holy obedience, to obey the announcement of convocation" (No. 39) - on pain of excommunication "latae sententiae" (that does not need to be decreed) for "all interference, opposition, whereby secular authorities of whatever order and degree, or any group of people or individuals might wish to intervene in 'election of the Pope," in short, for anyone attempting to prevent a cardinal from taking part in the election.
The question obviously refers to one of the many controversies abounding in some spheres, particularly regarding the participation of the American Cardinal Roger Mahony in the election of the next pope, as he is accused of having covered up the cases of some pedophile priests.
Another example of the "rigidity" of the norms, again aimed at the avoidance of any form of doubt, are previsions regarding issues such as simony (the selling of votes) - although sanctioned by excommunication - this does not make it invalid (n. 79) or norm that states that even a cardinal who has been excommunicated or interdicted has the right to participate in the vote (n. 35).
Msgr. Arrieta has highlighted that from the Vacant See on, all power is transferred to the college of cardinals, but it is a power limited to the management of ordinary church affairs and the conclave, apart from urgent questions that cannot be postponed, but that in any case they can not touch questions that are reserved to the Pope.
Those gathered in the General Congregation, indicate the date for the beginning of Conclave, according to the norms, between 15 and 20 days after the end of the pontificate.
This period, he explained, is to allow cardinals to come to Rome, but if they are all already here, they could possibly re-interpret the law to bring the date of Conclave forward. This is the task of the Congregation, which decides by a simple majority. But probably the Motu Proprio of Benedict XVI will eliminate the problem.