Did the Pope call a consistory to resume work or to resign?

This announcement reignited speculation about a possible papal resignation, as it was during just such a gathering of cardinals that Benedict XVI announced his retirement from the Petrine See.

But according to some sources, this announcement could instead demonstrate the desire of Pope Francis, whose health seems to be improving, to resume his regular duties.

On February 11, 2013, Benedict XVI's announcement of his resignation from the Petrine See caused an earthquake for the Catholic Church. This was even more the case since the German pontiff had announced it in Latin at a regular meeting that had attracted little attention: a consistory dedicated to the announcement of several canonizations, including that of the martyrs of Otranto, who would ultimately be canonized by his successor.

The term “consistory” refers to the assemblies of cardinals convened by the pope for important announcements concerning the life of the Church.

The most publicized consistories are those during which the head of the Catholic Church creates new cardinals. In nearly 12 years of pontificate, Francis has already convened 10: one more than John Paul II in more than 26 years.

But other consistories — on a smaller scale because they only involve the cardinals present in Rome — are convened to formalize canonizations. Their agenda can also extend to issues concerning the organization of the Holy See. For example, in June 2015, there was a consistory setting the date of canonization of the parents of St. Thérèse of Lisieux. During the same consistory, the creation of the Secretariat for Communication was also announced, which would gradually encompass the various Vatican media. 

The upcoming consistory announced today could therefore give the Pope the opportunity to make other, possibly unexpected, announcements concerning the organization of the Church. The memory of 2013 leads some observers to speculate that Pope Francis may announce his resignation from the Petrine ministry. The argument in favor would be to make way for a younger and more vigorous pope in view of the Easter celebrations in April, the continuation of the Jubilee, and the commemoration of the Council of Nicaea next May in Turkey. 

But in the Code of Canon Law, there is nothing explicitly stating that the pope must address the cardinals to make such an announcement. “If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone,” canon 332 §2 simply states.

“The renunciation of Benedict XVI serves as a reference, but not as case law,” explains Msgr. Patrick Valdrini, professor emeritus of canon law. ”Benedict XVI made this announcement before the cardinals because he applied a parallelism of forms: he had been elected within the college of cardinals, so he considered it natural to renounce in the same context. But the law does not say that this framework is necessary for the act to be valid,” the French canonist explains. 

The fundamental criterion is “the freedom of the Roman pontiff; the act must be free. He is not subject to the cardinals who elected him,” insists Mgr Valdrini.

In 2014, on the plane returning from his trip to Korea, Francis explained that Benedict XVI had “opened an institutional door” by renouncing his office. He thus expressed his respect for his predecessor but did not commit himself to acting in the same way.

“It’s not the election that makes the pope, but his free acceptance. The same freedom must therefore be found when the pope renounces,” explains the canonist.

This principle doesn’t exclude the possibility that Francis could announce a renunciation in another context, for example during the Sunday Angelus prayer, at a mass or a general audience, in front of the faithful. 

The letter of resignation handed by Pope Francis at the beginning of his pontificate to Cardinal Tarcisio Bertone, then both Camerlengo and Secretary of State of the Holy See, has also given rise to much media speculation in recent days.

This missive probably concerns the very specific case of the pontiff being unable to exercise his functions, for example in a situation of coma or irreversible cognitive impairment that prevented him from expressing a renunciation. The announcement of the end of the pontificate, in this case, could be formalized by a message from the cardinals but not by a formal meeting of the consistory, since its convocation is a prerogative of the pope. 

The dominant interpretation to date concerning the announcement of this consistory remains that it is a signal that the pontificate will continue, with Vatican sources reporting an improvement in the health of the 88-year-old pontiff.

The next medical reports may make it possible to begin to consider the possibility of his leaving the hospital, and thus a date for the consistory could be set.

As a sign of the Pope's intent to fully carry out his duties, numerous appointments have been published since his February 14 admittance to Gemelli. The renewal of his telephone calls to the parish of Gaza can also be seen as a sign of the Pope's resumption of activities, including in informal dimensions about which the Vatican had not communicated for the time being.

The prospect of a consistory would therefore allow the Pope to keep control of the agenda for the coming weeks and send a signal of normality. But a further deterioration in his state of health -- always a possibility given his respiratory weaknesses -- may yet call this scenario into question.