I am painfully aware that it should be Fr. Joe Komonchak rather than me mounting a defense of episcopal conferences. But I came across the following translation of a Vittorio Messori article on Amy Welborn’s blog about his interview with the incoming Vatican Secretary of State, Cardinal Tarcisio Bertone. Bertone had made the statement that “(There is need) to turn back from the specificity of local churches to the universality of the Catholic church.”
Worrying that this will be misunderstood, Messori tries to “elaborate” for Bertone by recalling conversations he had with then-Cardinal Ratzinger some years previously:
The future Benedict XVI told me that among
the unforeseen and contradictory effects of Vatican-II was the
diminution in the importance of bishops, which on the contrary, the
Council wished to re-emphasize. In fact, however, the autonomy and the
freedom itself of a bishop over his own diocese were caged in and
coopted by the establishment of national bishops’ conferences.
These
conferences, Ratzinger pointed out, have no theological basis; they are
not part of the Church structure as are parishes, dioceses and the
papacy. They are simply institutions, of recent origin, which were
created for practical reasons but which have gradually created a
weighty structure of their own, becoming in effect “little Vaticans.”
I think there are some problems here. First of all, I am hard pressed to identify a real live example of a bishop being
prevented from exercising his responsibilities to “teach, sanctify, and
govern” because of a national bishop’s conference. The recent sexual abuse
crisis made clear how little power, for example, the USCCB has over individual bishops. If
individual bishops feel hemmed in by their conferences, that is their own
perception, but it does not correspond to any canonical realities that I am
aware of.
Secondly, this quote from then-Crdl. Ratzinger that the bishops’ conferences
have “no theological basis” is badly misunderstood in the paragraph
excerpted above. By “no theological basis,” the Cardinal meant that
national bishops’ conferences do not exist iure divino, as does the
office of bishop. By this measure, parishes and many other elements of the church’s structure (e.g. the College of Cardinals) don’t qualify either. But there is
no question that episcopal conferences were explicitly mentioned in Vatican
II’s Dogmatic Constitution on the Church and the Decree on the Pastoral Office
of Bishops in the Church (Para 38). They are also mentioned in the Code of Canon
Law. They may not have a “theological basis” if one uses an extremely narrow reading of that term, but they certainly have a doctrinal and canonical basis.
Episcopal conferences became a point of controversy in the wake of the 1985
Extraordinary Synod. In the final report, the bishops had suggested a study of
the theological status of the conferences. An instrumentum laboris
issued by the Congregation for Bishops in 1988 took a highly restrictive view
of the role of the episcopal conferences, arguing that they cannot be properly
considered collegial in character and do not therefore have a magisterial role.
The instrumentum drew a distinction between the “effective collegiality”
exercised by the college as a whole and the “affective collegiality” exercised
by the conferences, which are said to be collegial only in an analogous sense.
This position was criticized by a number of theologians, including Avery
Dulles, who noted in a 1989 article entitled “Doctrinal Authority of
Episcopal Conferences” that CIC Canon 753 clearly implies that under some
circumstances, bishops gathered together in conference are “authoritative
teachers and masters of the faith.” He conceded, though, that an episcopal
conference would not be able to define doctrine in a way that engages the
assent of faith (although its teaching could require religious submission of
mind). At the same time, Dulles noted that—in the United States at least—the USCCB
has never used its authority to define doctrine.
I’ll also note in passing that our own Joe Komonchak wrote a fine article entitled “The Roman Working Paper on Episcopal Conferences” in 1989 that criticized the “all or nothing” approach to collegiality expressed in the instrumentum laboris, but rather than speak for him, I’ll let him add further comment if he desires. For myself, I’ll say that I tend to assume peoples’ good faith and I would not say that the episcopal conferences are beyond criticism. But in this
case, it is very hard for me to believe that criticism of bishops conferences
is not at least partially motivated by a desire to remove a stumbling block to
Roman centralism.