The conclave can begin before March 15,
if it is so decided by the General Congregation. This was the widely expected novelty of the Motu proprio promulgated today by Benedict XVI, entitled "Normas nonnullas".
It introduces "some changes" to the legislation for the vacant see and papal election.
But the starting date of the conclave, even of the next one, is a decision the rests solely with the General Congregation, which can not be convened before the beginning of the Vacant See on March 1.
In reality, the convocation of the Cardinals will take place that day and then the first meeting of the Congregation "and - said Father Federico Lombardi, director of the Press Office of the Holy See - I do not think that will be the first thing that they will decide."
The papal document was the focus of today's briefing and was outlined to press by the vice-camerlengo Msgr. Luigi Celata.
However another issue the briefing dealt with was the conclusion of investigations in to the leaking of the Pope's private information to press by the Commission of Cardinals. The three cardinal Julián Herranz, Jozef Tomko and Salvatore De Giorgi were received by the Pope this morning, who "wished to thank them for their fruitful work, expressing satisfaction for the results of the investigation.
In fact, their work made it possible to detect, given the limitations and imperfections of the human component of each institution, the generosity, honesty and dedication of those who work in the Holy See at the service of the mission entrusted by Christ to the Roman Pontiff.
The Holy Father has decided that the facts of this investigation, the contents of which are known only to Himself, will be made available exclusively to the new Pontiff".
If the acts are reserved for the next pope "the three cardinals of the Commission will participate fully in the General Congregations, where discussions will be held for the selection of the candidate for election as pope. Obviously, they too will have the occasion to express their own convictions, they will judge to what extent, in order to avoid jeopardizing pontifical secret of the report". And it was also pointed out that anything that take place during the Congregations binds participants to secrecy.
Returning to the Motu Proprio, it was noted that in order for the general Congregation to be convoked, then all the cardinal electors had to be present in Rome, with the exception of those who have communicated their absence due to ill health or other reasons.
This introduced the issue of resignation of Cardinal Keith O'Brien, Archbishop of St. Andrews and Edinburgh, who has announced that it will not take part in the conclave. In this regards, Father Lombardi said that Benedict XVI has accepted the Cardinals' resignation, from the position of Archbishop, for reasons of age.
Cardinal O'Brien remains a cardinal and as such his decision whether or not to participate in the conclave is his own.
The principle remains that "no Cardinal elector can be excluded from the election, either active or passive, for no reason or excuse, except as prescribed in no. 40 and no. 75" of "Universi Dominici gregis".
This in short refers to refusal to participate in conclave or leaving conclave for health reasons or other "serious reasons". Only the pope, Msgr. Celata recalled, "has the right to depose a cardinal, something, moreover that has already occurred in history, and in this case the General Congregation of Cardinals can not review his decision."
That said, if Card. O'Brien and others communicate their non-participation, their absence will not fall under article 37 of the papal document, according to which Pope Benedict XVI allows for the College of Cardinals to begin the Conclave before fifteen days have passed from the beginning of the period sede vacante, provided that all voting Cardinals are present.
The modification also provides that the Conclave must begin no more than twenty days after the beginning of the sede vacante, even if all the electors are not present.
Once Conclave has started, it has been established "that for the valid election of the Roman Pontiff a two-third majority votes is required, calculated on the basis of the electors present and voting" and that if after three days the votes do not come to a result, "one day is dedicated to prayer, reflection and dialogue."
In subsequent votes, "only the two names which in the previous election had the highest number of votes will be considered, and the provision of a two third majority of the Cardinals present and voting will remain for a valid election, even in these polls.
In this election, the two names that have a passive voice will not have an active voice", basically, the name of the two candidates who receive the most votes cannot vote in the final run-off election.
Finally, the penalty of excommunication is extended to those who, for various reasons present in the conclave, do not keep the oath of secrecy.
All people "who for any reason and at any time become aware, directly or indirectly, regards the acts of election and, in particular, with regard to the ballots in the election itself, are obliged to maintain the oath of secrecy before any person outside of the College of Cardinal electors: for that purpose, before the start of the election, they will have to take an oath "according to specific procedures in the knowledge that any offense will result in" the penalty of excommunication 'latae sententiae " reserved to the Apostolic See. "