As his last act as Pope Benedict XVI will publish a short “motu proprio” allowing the Cardinals to advance the date of the start of the conclave. This will be the second change that Ratzinger has established the Constitution “Universi Dominici Gregis” of the predecessor.
In recent days, some cardinals had expressed a desire to advance the date of the start of the conclave, which according to the constitution must be between fifteen and twenty days after the seat has become vacant due to the death of the Pope or his resignation “I decree that – according to the document Wojtyla still in force – from the moment the Apostolic See is lawfully vacant, the cardinal electors present must wait fifteen full days for those who are absent, however, leave the College of Cardinals may extend, if there are serious reasons, the beginning of the election for a few more days. After, however, at most, twenty days after the vacancy, all the cardinal electors present are obliged to proceed with the election. “
It is true that the Pope affirms the need to wait for “the absent”, and if not any, theoretically it would be permissible to proceed. But the fact is that a change in the course of work of codified rules would be a dangerous precedent if it were the cardinals after the death or resignation of Pope Benedict XVI has agreed to this request to a step change of the Constitution, giving to the cardinals, under certain conditions, the right to bring forward the start date of the election. The motu proprio will be promulgated by the reigning Pope, that is the “supreme legislator,” and therefore there will be no problems from the canonical point of view or legitimacy.
Any advance of the conclave, thanks to this papal intervention in extremis, may be determined by the cardinals gathered in the general congregation will meet after the start of the vacancy. How many votes are needed cardinals because this advance will be decided? The absolute majority, that is, fifty percent of the vote. In case of a tie, in accordance with Canon Law, the vote of the Chairman – in this case the cardinal dean of the College of Cardinals, Angelo Sodano – will double value and will be crucial.
In recent days, two cardinals weight, the Archbishop of Paris Andre Vingt-Trois, and Archbishop Timothy Dolan of New York were opposed to anticipate the election. In their view, it is useful to have a longer working and common knowledge among the cardinals, discussing the future of the Church. Their colleagues will take a different view, we will discuss, we will vote, you decide. The conclave will therefore be advanced by a few days, thanks to the intervention of Pope Benedict XVI, only if the majority of the cardinals present congregations will agree.
Pope Ratzinger was already action in recent years to amend the Constitution in the conclave of his predecessor. On the basis of a note prepared by the historian Walter Brandmüller – then made a cardinal – was eliminated the possibility that after several days of stalemate in the conclave, the Pope could be elected with an absolute majority of fifty percent plus one, instead of the traditional majority of two-thirds. With that correction, Benedict XVI had always wished to reaffirm that a Pope should be the expression of a broad consensus among the voters.