The Southern German Archdiocese of Bamberg says the decision seems incompatible with a concordat governing the appointment of bishops.

In their document "Involvement of the faithful in the appointment of the diocesan bishop," synodal way members called on cathedral chapters — which play a significant role in selecting German bishops — to work with an elected body representing "the entire people of God in the diocese".

Between them, they would determine the list of suitable candidates the chapter sends to the Vatican.

Old laws cast long shadows

Implementing the synodal way's directive has hit a few legal snags.

German dioceses are bound by different rules.

This is because individual German states signed concordats with the Holy See both before and after the unification of Germany in 1871.

As an example, Bamberg archdiocese, which was founded in the year 1007, operates under the Bavarian Concordat of 1924.

Under this, bishops and cathedral chapters submit a list of suitable candidates every three years. When a See falls vacant (as is currently the case), the chapter draws up and sends a shortlist to the pope to select a candidate from. The Bavarian state government usually rubber-stamps nominations.

"Due to the currently existing legal situation in the dioceses subject to the Bavarian Concordat, the cathedral chapter unfortunately sees no possibility of implementing the decision ... when drawing up the lists," the Bamberg archdiocese says.

While Bamberg's cathedral chapter supports giving lay people a role in principle, a change in the law will be needed before they can be included in the selection process. The chapter hopes to explore options with the local diocesan council.

Other German archdioceses, like Paderborn, operate under the Prussian Concordat of 1929. This gives its cathedral chapter a leading role in selecting a new archbishop.

However, a majority of cathedral chapter members must elect the new archbishop.

What can be done?

The synodal way text suggests cathedral chapters could voluntarily involve lay people in the process.

"Under the Church's current law and concordats, the following forms of participation are open to the diocesan people of God," the text says.

"A right of co-decision in the preparation of the list of candidates, and a right to be heard prior to the selection being made from the list of candidates.

"These two rights can be realised through a voluntary undertaking on the part of the respective cathedral chapter."

Recently, the Pope named three women as members of the Dicastery for Bishops, the Vatican department overseeing bishops' appointments. Innovation is therefore possible, supporters say.

But the Vatican says "prior to an agreed understanding at the level of the universal Church, it would not be permissible to initiate new official structures or doctrines in the dioceses, which would represent a wound to ecclesial communion and a threat to the unity of the Church."

Source

• The Pillar

A circumstance that various Vatican sources think very probable.

The traffic in child pornography is one of the most abhorrent crimes and many States - including the Vatican City State - have adopted very strict rules to punish it.

Capella did not deny the evidence, he admitted his guilt, and explained that he began to hook up with child pornography dealers on the web because of a "personal crisis" stemming from his transfer to Washington D.C.

Videos and explicit content were found on his smartphone and computer.

Loneliness, frustration at not having felt valued and having found himself alone, without friends...

Obviously the prelate had to have a predisposition for that kind of shocking images, which include children filmed in sexual acts and abuses, because fortunately child pornography is not a widespread landing place for personal crises or excessive loneliness.

Beyond the conclusion of the Vatican judicial affair, and the subsequent canonical trial to be celebrated against the former counselor of the nunciature, there remains the paradox: a prelate who has unleashed his perverse fantasies by compiling web images will have to serve a five-year sentence, while prelates who have effectively abused children and teenage boys ruining their lives, in several cases, do not spend even one single day in a cell.

Recent cases of illustrious founders or very prominent prelates (as the Chilean case teaches) prove it.

It is evident that in the case of Capella, the Vatican authorities wanted to set an exemplary tone, to show that no one will be given any discounts for the turbid phenomenon.

But the paradox remains.

The other striking case was that of Cardinal Theodore McCarrick, Archbishop Emeritus of Washington.

Accused of abusing a teenager about 45 years ago in New York, the prelate - who has been long retired - was suspended from his episcopal duties until his position became clear.

With McCarrick, the cardinals appointed during the long pontificate of John Paul II involved in abuses are now four (in total 231, created during 9 Consistories).

The first was the Archbishop of Vienna Hans Hermann Groer: nominated by surprise as the successor of Cardinal Franz König in 1986, elevated to cardinal in 1988, forced to leave the leadership of the diocese in 1995 following accusations of having abused, many years earlier, a number of underage seminarians.

The second was Cardinal Keith O'Brien, Archbishop of Saint Andrews and Edinburgh (Scotland), elevated to the red cap in 2003, retired in 2013 at the threshold of 75 years of age without participating in the conclave because he was accused of repeatedly abusing, in the Eighties and Nineties, two seminarians and a priest (of age).

The third is Cardinal George Pell, Prefect of the Secretariat for the Economy, who is defending himself in Australia from the accusation of having abused minors.

And now there is McCarrick.

Without going into details of each individual event - in the case of Pell, for example, certain testimonies leave considerable doubts open - one cannot help but notice the existence of a problem in the process of nomination of bishops. Continue reading

• Andrea Tornielli is a journalist and is the coordinator of their website Vatican Insider
• Image: Communione e Liberazione