International Church Reform Activities

European Network


September 1998

Local Churches' Participation in the Choice of Their Bishop

"Only he who enjoys the people's confidence can become a bishop"
It is this saying, expressing a tradition that goes back to the origins of the Christian Church, to which the PETITION OF THE PEOPLE OF THE CHURCH returns.

Today in France, how can one put into practice that flourishing tradition of the principle of subsidiarity -- which is itself quite old -- that should regularize relations among the local, diocesan, national, and universal Churches? The principle is simple:

that initiatives, responsibilities, and decisions which can be taken locally should be, free from requests from above being substituted for local or diocesan entreaties.

As soon as the Austrian movement Wir sind Kirche [We are the Church] finished the Petition signature campaign, they went to work to put their demands into concrete form through practical and immediately usable propositions. In October 1995, the movement adjusted the procedural model for designation by the diocesan Church of candidates for the office of bishop.

This model is applicable in France. The (June 1998) General Assembly of We are the Church, too [abbreviated NSE France] approved the principles and proposes it as a working document, after having adapted it to French diocesan structures. In fact, about 20 bishops' sees in France will have vacancies to fill from now through the beginning of 1999.

PROCEDURAL MODEL
FOR THE LOCAL CHURCH's PARTICIPATION
IN DESIGNATION OF CANDIDATES FOR THE
OFFICE OF BISHOP

The Church should remember that part of her tradition which relates to the principle of subsidiarity and call on it at the time of a new bishop's nomination since this nomination is of great importance for local churches. The decision, by the Pope alone, without involving the people of the affected diocese in any way, is in flagrant conflict with subsidiarity, which wishes the smallest group to assume what it is capable of itself. Naturally, the demands and the needs of the whole Church, represented by the Pope, should be taken into account in the decision. In the nomination model proposed here, the Bishops' Conference acts as the link between the local Church and the universal Church, in the sense of the communion of the faithful, as it was restored to meaning in the Gospel spirit by Vatican II.

At present and in conformity with the CODE OF CANON LAW 1983, CANON 377.2, every 3 years, the bishops establish a list of priests particularly suited to the office of bishop and transmit it to the Holy See. The new procedure should end up with this document being the result of a creative process of awakening, in the broadest possible manner, the communal will of the people of the diocese to participate in the designation of candidates and producing a list of three names called the Triple Proposal, which the bishop will send to the Pope.

The establishment of the Triple Proposal implies:

• All the members of the diocesan church: they participate in the search for candidates suited to the job of bishop
• A proposal commission (7 members named by the bishop) charged with preparing and executing the search procedure
• A diocesan conclave (presided over by the diocesan bishop) of about thirty members chosen from among responsible members of the diocese, entrusted with working on the triple proposal, taking as a starting point the proposals from the members of the diocesan church.

1st STEP: MAKE-UP OF THE PROPOSAL COMMISSION

The proposal commission is charged with preparation and execution of the search procedure. It is composed of 7 members named by the bishop. The composition of this commission must respect a fair balance between clerics and laypeople, women and men. Its members are named in the following fashion:

• 2 priests, by the priestly council
• 2 laypeople, by movements of lay apostleship
• 1 representative of religious orders
• 2 representatives of the pastoral council and finance council

After their nomination, the members of the proposal commission name one of the members as president. The names of the members of the proposal commission and of the president, as well as their official mission, will be published in the register of diocesan decrees.

2nd STEP: ANNOUNCEMENT OF THE PROCEDURE AND PUBLIC NOTICE OF THE SEARCH

Information and openness are indispensable if one wishes to revive interest in the greatest number of people in what happens in the Church and to permit them to better identify themselves with this institution. Inversely, secrecy reinforces the impression of the exercise of an opaque power and gives the majority of the people of the Church the feeling of being "short-circuited" and excluded from important decisions. Elsewhere, this way of acting gives free rein to "antechamber diplomacy." The frequently expressed objection to the introduction of democratic elements, reputed to favor the formation of lobbies, is without basis; it is the lack of openness and of control mechanisms which favor lobbies the most. As a consequence, as soon as it is nominated, the proposal commission publicly announces the search procedure to the Christian people of the diocesan Church. This announcement includes the following elements:

1. a fixed calendar for the search procedure,
2. the means by which the procedure will proceed,
3. a general profile of requirements for the diocesan bishop,
4. an invitation to all the faithful to participate in the search procedure and to exercise their right to free speech.

This announcement of the search to the public procedes in the following manner:

1. communication at celebrations of the Eucharist,
2. publication in the diocesan newspaper and in parish bulletins,
3. entry in the register of diocesan decrees,
4. letters to pastors and presidents of pastoral and finance councils.

In addition and with further attention to openness, information will be given to public media.

3rd STEP: CONSTITUTION OF THE DIOCESAN CONCLAVE

Parallel with the announcement and the public notice of the candidate search, the proposal commission will get the diocesan conclave going (see 6th step).

4th STEP: REGISTRATION OF PROPOSED CANDIDATES

Within the time allotted by the proposal commission, all the members of the diocesan Church are called to participate in the search for candidates suited to the job of bishop. That is to say:

1. all the parish, lay, priestly, and religious communities and movements, assume a pastoral task (delivery of proposals after deliberation by the pastoral councils and finance councils, which should assure the participation of the largest possible numbers of the faithful, through a parish assembly, for example),

2. all the members of the bishops' council,

3. all the female and male religious orders (the superior will remit the proposals after thorough deliberation among all the members),

4. all the church organizations and, in any case, representatives of laypeople with parish or catechetical responsibilities (proposals will be remitted by their directors),

5. the deans of the divinity schools of universities, the seminary rector, the director of the institute of religious education, the director of religious formation in the diocese.

Each proposal should include a maximum of 2 candidates. The proposals should be communicated to the proposal commission within the time fixed, in writing and under seal, with the name and the address of the sender.

5th STEP: ESTABLISHMENT OF THE CANDIDATE LIST

The proposal commission first verifies if the persons who have sent the proposals are qualified (see 4th step). It registers the valid proposals on a list which is addressed to the diocesan conclave. On this list, the candidates are inscribed in alphabetical order. For each one, the number of persons who have proposed him should be mentioned along with their source: parish communities, priests, deacons, religious, laypeople, diocesan offices, movements.

6th STEP: GETTING THE DIOCESAN CONCLAVE UNDER WAY

Within 30 days after the establishment of the candidate list, the diocesan bishop convenes the diocesan conclave. This conclave is an assembly of inhabitants of the diocese who have shown themselves to be responsible and who, motivated by a common concern for the future of the diocese, are charged with formulating the triple proposal (list of 3 names), based on the candidate list and through intense deliberation. Such a process permits an open and confidential exchange of opinions about the candidates, without uselessly harming the affected persons.

1. Composition

Since a small-sized group is much more suited to eliciting opinions and to intense deliberation, the diocesan conclave should not comprise more than 30 members. It should be seen that a balance exists between the proportion of women and men.

The diocesan conclave is made up according to the-same distribution of persons entitled to propose candidates, for example, the following members:

1.1 Diocesan bishop,

1.2 Lay representatives of parish communities (1 for each district) and of communities not connected to a place,

1.3 Representative of local conferences (1 representative for each district),

1.4 Representatives of religious orders,

1.5 Representatives of deacons and vicars,

1.6 Representatives of the bishops' council, the pastoral council, and the finance council,

1.7 Representatives of diocesan offices,

1.8 Representatives of apostolic movements of laypeople,

1.9 Representatives of the teaching/formation sector (university and graduate schools, seminaries, formation, and catechesis) . These representatives are designated. by their respective communities.

A person nominated for the diocesan conclave and whose candidacy is proposed for the office of bishop cannot be a member of the conclave, and must be replaced by a person coming from the same group.

The president of the conclave is appointed by the diocesan bishop. Administrative tasks are performed by members of the proposal commission, which assists the diocesan conclave but does not have the right to vote.

All persons participating in the diocesan conclave must respect its secrets.

2. The diocesan conclave's process

2.1 Deliberation on the requisite characteristics for a new bishop, taking into account the demands and the needs of the diocese and the candidates proposed on the list issued as a result of the diocesan consultation.

2.2 First selection procedure (reduction of the candidate list)

Each member of the diocesan conclave picks a maximum of 3 names from the candidate list, which will then be sent anonymously to the proposal commission.

The proposal commission evaluates the result of this consultation and lists the candidates according to the number of nominations received.

The candidate list is thus reduced to a maximum of 12 candidates receiving the most votes. After having asked if they are willing to accept the responsibility of being bishop, the proposal commission classifies the 12 candidates (maximum) in alphabetical order, for the second selection.

2.3 Second selection procedure (preparation of the triple proposal). In order to make a final decision, it is recommended that the diocesan conclave meet again and invite the remaining candidates to that meeting for discussion and communal deliberation.

Following these discussions, each member of the conclave picks the name of one of the remaining candidates.

The proposal commission establishes the triple proposal in the following manner:

• For a candidate to figure in the triple proposal, he must receive an absolute majority of votes (one-half plus one).
• If no candidate attains this majority, a second round is organized to choose between the 2 names receiving the most votes.

This procedure is repeated as many times as necessary until the 3 names of the triple proposal are obtained.

The proposal commission then lists the 3 candidates by alphabetical order.

3.4 Third selection procedure (listing the 3 candidates by the number of votes received).

This must be preceded by a new and serious discussion concerning the persons comprising the triple proposal. Then in a secret vote, each member of the diocesan conclave picks the name of one of the candidates.

Finally, the proposal commission lists the 3 candidates by the number of votes received. In case of a tie, a second ballot is organized.

That is how the triple proposal is finalized.

7th STEP: TRANSMITTING THE PROPOSAL

1. As agreed upon by the diocesan bishop with the bishops' conference, in order to keep the see to be filled vacant for the least amount of time:

- the diocesan bishop will immediately send the triple proposal of the local Church, earnestly asking that it be abided by for the nomination of a new bishop, to the president of the bishops' conference and to the Pope, through the intermediary of the papal nuncio and the prefect of the congregation of bishops

or

- the diocesan bishop sends to the Pope through the intermediary of the papal nuncio and to the prefect of the congregation of bishops, a list which has been reduced from the triple proposal in concert with the bishops' conference and the papal nuncio.

2. The diocesan bishop makes the final proposal public. The strict regulation (CIC. 1983, Canon 377.2) which provides for secrecy would have to modified to this end.

8th STEP: NOMINATION OF THE BISHOP

By mutual agreement between the Pope and the competent bishops' conference, one of the candidates named in the proposal -- triple or reduced -- is named bishop.

In case of a refusal -- on specified grounds -- of the candidates put forward, a discussion should take place between the Pope, the bishops' conference, and a representative of the diocesan conclave, about the reasons for the lack of agreement. If agreement cannot be achieved, there is cause for starting up the diocesan conclave again.

These provisions are subject to adaptation in titular dioceses.

PUTTING THE PROCEDURE TO WORK

This procedure is set up each time that a bishop's see is to be filled in a diocese (thus, before the bishop delivers his request to resign or in case of an unforeseen vacant see). If the last candidate selection procedure was less than three years ago, the diocesan bishop (or the acting bishop) takes up the last triple proposal, unless the diocesan conclave objects or if one of the candidates can no longer serve (e.g., in case of death). In the latter case, the diocesan conclave is convened to proceed again with the selection of candidates and their listing by number of votes (the procedure does not have to be repeated except from the 6th Step on, for the 2nd and 3rd choices).

The same procedure is applicable for the nomination of a coadjutor bishop.

In case of rules peculiar to certain dioceses (titular dioceses), it will be necessary to adapt the present procedure.

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