Pope Grants Synod of Patriarchal Churches Authority to Depose Patriarchs

Pope Francis, through the apostolic letter "Mutua concordia," published today, August 29, has addressed a legislative gap by amending canons 106 and 126 of the "Code of Canons of the Eastern Churches." The amendment grants the Synod of Patriarchal Churches, through an "organized procedure," the authority to depose a patriarch from office when the relationship between him and the synod has become, for serious reasons, irreparably damaged. While preserving the authority of the Holy See, the synod is called upon to "rebuild the wounded communion" through a process that ensures, while respecting the law, the patriarch's "full right to defend himself before the synod." Meanwhile, it remains the Pope’s role to "grant approval of the synod’s decision, in order to ensure the full freedom of bishops in expressing their choice and to protect them from any possible improper pressure, internal or external."

The Supreme Pontiff has decided to add, after the second paragraph of canon 106, a new third paragraph, clarifying that "if the patriarch neglects to fulfill the obligations stipulated by the law itself, it is legally permissible for the senior bishop in ordination among the bishops of the patriarchal church to convene a synod; if this bishop also neglects to call the synod into session, the authority passes to the next senior bishops in ordination who are willing and able to do so, and who have voting rights."

In canon 126, the third paragraph, according to the apostolic letter "Mutua concordia," states that "for a serious reason, recognized by the Synod of Bishops of the patriarchal church, the synod itself, meeting in accordance with canons 106, paragraph 1, point 3, and 108, paragraph 3, may request the resignation of the patriarch from his office." The fourth paragraph adds that if "the patriarch does not resign from his office" following such a request, then "the senior bishop in ordination with voting rights shall preside over the election of a new president by the synod, who will then submit the patriarch’s deposition to a secret ballot requiring the consent of two-thirds of the voting members of the synod, while respecting the patriarch’s right to defend himself before the synod itself." The president shall then inform the Pope of the decision, which must grant "approval of the deposition that renders the patriarchal see vacant."

In the Eastern Churches, there exists a close bond between the patriarch, who heads his patriarchal Church as its father and head, "tamquam pater et caput," according to canon 55 of the Code of Canons of the Eastern Churches, and the Synod of Bishops, which the patriarch himself convokes and chairs. A harmonious relationship between them is essential for a fruitful ecclesial life, in unity with the Holy Spirit and for the sole good of the Church itself. However, the "Code of Canons of the Eastern Churches," which defines the work and duties of the Synod of Bishops, did not previously provide any procedure in cases where "the sacred bond between the father and head, Pater et Caput, and the other bishops suffers irreparable damage," leading to "a serious wound that must be healed," as also demanded by numerous Eastern bishops.

Therefore, under the apostolic letter "Mutua concordia," new provisions now come into effect to be applied when an irreparable rift occurs between the patriarch and the synod, in the absence of the patriarch’s resignation. These provisions define how the synod determines the serious causes leading to the rupture, who holds the authority to convene the synod in such a case and how, and what majority is required among voters to end the patriarch’s tenure, while safeguarding the patriarch’s right to defend himself. The Pope’s provisions aim to strengthen the authority of the Synod of Bishops in the Eastern Catholic Churches by granting it a new power consistent with its nature as "churches sui iuris," enabling these churches themselves to address internal issues, as they are best equipped to understand and assess the situation, while maintaining the Roman Pontiff’s role as guarantor. These provisions established by the apostolic letter "Mutua concordia" also apply, by their very nature, to churches with metropolitan archiepiscopal leadership, according to canon 152.