Two days ago, French news agency IMedia mentioned the possibility of holding the papal Conclave earlier than the date established by the 1996 apostolic constitution Universi Dominici gregis. In this document, John Paul II wrote: “I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, the Cardinal electors who are present must wait fifteen full days for those who are absent; the College of Cardinals is also granted the faculty to defer, for serious reasons, the beginning of the election for a few days more. But when a maximum of twenty days have elapsed from the beginning of the vacancy of the See, all the Cardinal electors present are obliged to proceed to the election.”
So the Conclave cannot start until the papacy has been vacant for fifteen days (the Pope did not write “after the Pope’s death”, as he obviously foresaw the possibility of the papacy becoming vacant for other reasons, such as a resignation).
Given that Benedict XVI has not yet resigned but announced he would be doing so at 20:00 on 28 February, leaving a number of days before the Throne of Peter becomes vacant, various cardinals have suggested bringing the date of the Conclave forward.
Starting the voting process earlier would give the new Pope more time to get settled and preside over the Holy Week rites.
Until now, the first week of the sede vacante period was usually taken up by the celebration of the funeral rites for the deceased Pope (with masses celebrated for them for “nine consecutive days”), while the burial was meant to take place sometime “between the fourth and sixth day after the Pope’s death, exceptional circumstances aside.”
In the 2013 Conclave, there is no Pope to bury so there is more time for cardinals to discuss.
During his briefing with journalists on Saturday 16 February, Fr. Federico Lombardi did not deny that the possibility of bringing the Conclave forward had been discussed and said it was possible the Camerlengo of the Holy Roman Church, Cardinal Tarcisio Bertone, assisted by the Apostolic Chamber, may present a proposal on the basis of which cardinals will decide.
Another passage from the Universi Dominici gregis was quoted to justify the cardinals’ intervention: “Should doubts arise concerning the prescriptions contained in this Constitution, or concerning the manner of putting them into effect, I decree that all power of issuing a judgment in this regard belongs to the College of Cardinals, to which I grant the faculty of interpreting doubtful or controverted points. I also establish that should it be necessary to discuss these or other similar questions, except the act of election, it suffices that the majority of the Cardinals present should concur in the same opinion.”
But what doubts could there be regarding the fifteen day rule?
If there is a widespread need to bring the Conclave forward, the obstacle could be circumvented with a papal intervention before 28 February.
Benedict XVI could issue a brief motu proprio waiving the fifteen day rule this time, given the extraordinary circumstances.
After all, Benedict XVI did modify the Conclave Constitution abrogating the rule which made it possible for a Pope to be elected with a fifty per cent majority plus one vote instead of the traditional two thirds majority.
In the week when the Pope announced his resignation, Benedict XVI and his collaborators managed not only to appoint a new president for the Vatican Bank (IOR), but also renewed the committee of cardinals that supervises it.
These two decisions are more than legitimate but have just as legitimately raised doubts regarding their timing. It would, however, be completely normal for the Pope to do away with the Conclave rules this time, to allow it to begin earlier if cardinals agree.
The Pope “emeritus” question, however, remains open given the unusual nature of Benedict XVI’s decision. In any case, it seems too early to say the very least to tell what his closest collaborators will do and what their roles will be – as has happened. As of 28 February, Ratzinger will no longer be Pope.
After the Conclave, his successor will take over. He will decide everything: which roles will be confirmed or preserved and which ones will be done away with. Devotion and respect for the “bishop emeritus of Rome”, his intellectual authority and his profound spiritual paternity, will continue: it is likely that the first gesture the new Pope will make will be to visit his predecessor in Castel Gandolfo.
But no one can predict with certainty what the future decisions of the new Successor of Peter will be.
The last Pope was so conscious of this that he proclaimed Pius X - a Pope renowned for his decision and reform-making abilities - a saint.
In his will, Pius X asked the Holy See to guarantee nuns a small pension.
He humbled himself when making this request - even though he still had full papal power and was in a position to decide to grant elderly nuns this modest sum of money – because he did not wish to presume that his successor would automatically fulfil his request, small though it may have been.