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THE CATHOLIC UNIVERSITY OF AMERICA The Influence of the Second Vatican Council on the Function of Papal Legates. Comparative Analysis of the 1917 and 1983 Codes of Canon Law and Selected Special Faculties. A DISSERTATION Submitted to the Faculty of the School of Canon Law Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor of Canon Law © Copyright All Rights Reserved By Dariusz J. Zielonka Washington, D.C. 2013 i This dissertation by Dariusz J. Zielonka fulfills the dissertation requirement for the doctoral degree in canon law approved by Kurt Martens, J.C.D., as Director, and by Robert Kaslyn, S.J., J.C.D., and Sean Sheridan, T.O.R., J.C.D., J.D., as Readers. !!!!!!____________________________________ !!!!!!Kurt Martens, J.C.D., Director !!!!!!____________________________________ !!!!!!Robert Kaslyn, S.J., J.C.D., Reader !!!!!!____________________________________ !!!!!!Sean Sheridan, T.O.R., J.C.D., J.D., Reader ii In memoriam: Tadeusz and Alina Zielonka My parents. May they rest in peace. iii Table of Contents ACKNOWLEDGMENTS! viii INTRODUCTION! 1 CHAPTER 1! 5 Papal Legates in the 1917 Code of Canon Law! 5 1.1. Introduction! 5 1.2. A Brief Historical Overview of the Office of Papal Legates! 6 1.2.1. Roman Republic! 6 1.2.2. The First Papal Legates! 9 1.2.3. Papal Legation in the Middle Ages / Gratian! 13 1.2.4. The First Permanent Papal Diplomatic Posts! 26 1.2.5. Shaping of Modern Papal Legation! 30 1.2.6. Papal Legation in the Twentieth Century and Today! 36 1.3. The 1917 Code of Canon Law! 38 1.3.1. The Papal Right to Send Legation! 39 1.3.2. The Types of Papal Legates! 52 1.3.3. The Office of the Papal Legate: Ordinary and Delegated Powers, Jurisdiction! 65 1.3.3.1. Ordinary Power! 66 1.3.3.2. Delegated Power! 72 iv 1.3.3.3. Jurisdiction! 79 1.3.4. The Office of the Papal Legate: Rights and Privileges! 83 1.3.5. The Office of the Papal Legate: Vacancy of the Holy See, Cessation of the Office! 87 1.4. Conclusion! 91 CHAPTER 2! 93 The Second Vatican Council - The Time of Discussion and Change! 93 2.1. Introduction! 93 2.2. Monsignor Giovanni Battista Montini! 94 2.3. Calling on the Council! 98 2.4. The Ante-Preparatory Phase of the Council.! 100 2.4.1. Group A: The Issue of Internationalization! 102 2.4.2. Group B: The Relationship to the Local Hierarchy! 106 2.4.3. Group C: The Issue of Effective Communication! 110 2.4.4. Group D: The Faculties Granted to the Legates! 113 2.4.5. Group E: The Placement of the Diplomatic Posts! 116 2.4.6. Group F: The Other Issues! 119 2.4.7. Analysis of the Proposals! 121 2.4.8. Further Input! 122 2.5. The Preparatory Phase of the Council.! 128 2.6. The Council! 136 2.7. The Decree Christus Dominus.! 160 v 2.8. Conclusion! 165 CHAPTER 3! 168 The 1917 Code of Canon Law, the 1969 Motu Proprio Sollicitudo omnium Ecclesiarum, the 1983 Code of Canon Law: A Comparison.! 168 3.1. Introduction! 168 3.2. The Post-conciliar Documents: Paving the Way Towards the New Code.! 169 3.3. The Comparison! 182 3.3.1. Papal Authority to Appoint Legates! 184 3.3.2. Types of Papal Legates! 190 3.3.3. The Legate’s Responsibilities to the Local Churches! 203 3.3.4. The Legate’s Responsibilities to the States and Organizations! 220 3.3.5. The Privileges of the Papal Legates! 228 3.3.6. Duration of the Legate’s Office! 235 3.3.7. The Role of Papal Legate in Appointment of New Bishops! 238 3.3.8. The Legate’s Relation to the Conferences of Bishops! 243 3.3.9. Supplementary Notes! 246 3.4. Conclusion! 248 CHAPTER 4! 251 Faculties Granted to Papal Legates! 251 4.1. Introduction! 251 4.2. The Lists of Faculties.! 252 4.3. The Comparison.! 256 vi 4.4. Analysis of Findings.! 272 4.4.1. From the 1920 List to the 1974 List.! 273 4.4.1.1. Removal of the Unnecessary Canons / Faculties! 273 4.4.1.2. The Centralization of Powers by the Roman Curia! 275 4.4.1.3. The Principle of Subsidiarity.! 276 4.4.2. From the 1974 List to the 1986 List.! 278 4.5. Conclusion.! 282 CONCLUSION! 284 BIBLIOGRAPHY! 291 Primary Sources! 291 Secondary Sources! 297 vii ACKNOWLEDGMENTS Give thanks to the Lord, for he is good. His love endures forever. Give thanks to the God of gods. His love endures forever. Give thanks to the Lord of lords: His love endures forever. (Ps. 136). My heartfelt gratitude to His Excellency, the Most Reverend William E. Lori, Archbishop of Baltimore, who while in the Diocese of Bridgeport, entrusted me the task of canon law studies and for his continual encouragement and support! My words of sincere appreciation to Professor Kurt Martens, J.C.D., my licentiate and doctoral director for his angelic patience and excellent guidance! To my readers: Reverend Robert Kaslyn, S.J., J.C.D., Dean of the School of Canon Law and Reverend Sean Sheridan, T.O.R., J.C.D., J.D., Assistant Professor of the School of Canon Law for their invaluable input and suggestions. Special thanks to Monsignor Thomas Green, J.C.D., Professor of the School of Canon Law and my diocesan brother for his advice and encouragement. viii Special gratitude to my family who always motivated me to go on with the studies. Dziękuję! To each and every one who helped me along the way: may the Lord bless you in all you do! ix INTRODUCTION The historically rooted institution of the papal legate, similar to other offices in the Church, has experienced modifications and adaptations throughout the centuries. Various historical, cultural and ecclesiological conditions became the impetus for changes that were reflected in newer laws and faculties granted to papal envoys. One such stimulus for change was the discussion about the role of the papal legate at the Second Vatican Council. The laws and special delegated powers (faculties) pertaining to nuncios and apostolic delegates issued after the council reflect this change and set a new direction for papal legates. !The various functions of the papal legate are regulated by canon law and special faculties granted by the dicasteries of the Roman Curia. These laws and faculties have changed throughout the years. Hence, the main research of this dissertation can be summarized in the following three interconnected questions: 1. Is there any difference in the description and function of the papal legate between the canons of the 1917 Code of Canon Law and the 1983 Code of Canon Law? 1 2 2. What are the differences and what trends can we notice comparing these two codes? 3. Did the debates and documents of the Second Vatican Council have any influence on the office of papal legate? !The motivation for this dissertation is to examine and evaluate these questions in light of the 1917 Code of Canon Law, the conciliar and post-conciliar documents, and the 1983 Code of Canon Law. Such a comparative analysis of the three “legal periods” will allow us to see if and how the council affected the institute of the papal legate and clarify the differences between the 1917 and 1983 codes in this regard. The method used in this dissertation is a historical-juridical comparative analysis of the two codes of canon law in light of the conciliar debates and documents as well as the 1969 motu proprio Sollicitudo omnium Ecclesiarum.1 In chapter one we will briefly look at the historical development of the office of papal legate. However, the main focus of this chapter will be the examination of the 1917 Code of Canon Law in regards to papal legates: the office, their function and 1 Paul VI, motu proprio Sollicitudo omnium Ecclesiarum, AAS 61 (1969) 475; English translation in CLD 7, 277-284. 3 responsibilities. The pertinent canons will be presented thematically, instead of the order of appearance in the code as to present more cohesive image. Chapter two of this dissertation will scrutinize the topic of papal legates as it surfaced during the preparatory stages and discussions of the Second Vatican Council. It will also examine the effects of these discussions and interventions as reflected in the decree on bishops Christus Dominus.2 The goal of the third chapter will be to compare in detail and to analyze the 1917 Code of Canon Law, the 1969 motu proprio Sollicitudo omnium Ecclesiarum, the three revisions of the proposed new code and finally, the 1983 Code of Canon Law in their description of the office of papal legate. This analysis will allow us to see the tendencies and trends in legislation pertaining to nuncios and apostolic delegates. It will also allow us to capture the effects of the Second Vatican Council on the office of the papal legate. 2 Vatican II, decree Christus Dominus 9, AAS 58 (1966), 673-701; English translation in Vatican Council II: The Conciliar and Post Conciliar Documents, ed. Austin Flannery, 2nd ed. (Northport, NY: Costello Publishing, 1996) 283-315. 4 Finally, the fourth chapter of the dissertation will also examine a selection of the indices of ‘special faculties’ granted to nuncios and apostolic delegates by various dicasteries of the Roman Curia from the promulgation of the 1917 code to the current time. Doing so will allow us to see further the changes affected by the council in various practical aspects of the office of papal legate.
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