Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life The appointment of bishops in the Catholic Church is a complicated process.
Episcopal election was so taken for granted that by the time of the Council of Nicaea (see below), it is mentioned as the normative method for selecting bishops, with approval of local metropolitans.
[citation needed] This displays a recognition that, as Cyprian of Carthage (3rd century) puts it, Rome is "the principal church, in which sacerdotal unity has its source.
[citation needed] By the time of the First Council of Nicaea in 325, the metropolitan bishops of Alexandria, Antioch, and Rome had a role of the greatest importance in the selection.
Canon 6 of the council acknowledged and codified an ancient custom giving jurisdiction over large regions to the bishops of Alexandria, Rome, and Antioch.
If, however, two or three bishops shall from natural love of contradiction, oppose the common suffrage of the rest, it being reasonable and in accordance with the ecclesiastical law, then let the choice of the majority prevail.
[3] As part of the flourishing of culture and renewal under his reign, the Emperor Charlemagne commissioned one of the first major church-wide studies of the patristic era.
As part of this struggle, a series of elaborate forgeries were produced, capitalizing on the cultural renaissance of the time and eagerness to discover new texts.
The Investiture Controversy changed that to some extent, but later concessions meant that many kings and other secular authorities exercised a right of appointment or at least of veto until the second half of the 20th century.
As late as the 20th century, Franz Joseph I of Austria-Hungary attempted to exercise the power of jus exclusivae to veto the election of Mariano Rampolla as pope during the 1903 papal conclave.
In his Constitution "Commissum Nobis" (1904), Pius X declared that the Apostolic See had never approved the civil veto, though previous legislation had not succeeded in preventing it, and he forbade any attempt to exercise it.
The 1905 French law on the Separation of the Churches and the State had a similar effect for appointing bishops in the territories ruled by France.
In the case of a nunc pro tunc acceptance, the see does not become vacant immediately, but the process that leads to the appointment of a successor begins without delay.
[10] When it comes to a concrete appointment for a particular see, the papal representative (apostolic nuncio or delegate) asks either the outgoing bishop, or in case of a sede vacante, the vicar general or diocesan administrator, to draw up a report on its situation and the needs.
[13] Accordingly, when the Irish Times of 12 April 2007 published the text of the letter with which Archbishop Giuseppe Lazzarotto, Apostolic Nuncio to Ireland, consulted certain priests on the choice of their next bishop, he said, "All aspects relating to the process of episcopal appointments should be dealt with in the strictest confidentiality.
As well as being at least 35 years old and a priest for at least 5 years, he should be "outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues", and should possess the other qualities needed for fulfilling the office in question; and he should be well versed in sacred Scripture, theology and canon law and, preferably, hold a doctorate in one of these fields.
The congregation of the Roman Curia responsible for the appointment (one of the four indicated above) studies the documentation provided by the nuncio, taking into consideration his opinion, but not necessarily accepting it.
In accordance with the decision of the Second Vatican Council,[23] the 1983 Code of Canon Law lays down that "for the future, no rights or privileges of election, appointment, presentation or designation of Bishops are conceded to civil authorities.
[29] In the official bulletins and news media of the Holy See, these appointments are published as decisions of the Eastern Church in question, not of the pope.