Pope Leo XIV lets Eastern Catholic synods remove their patriarchs
In a motu proprio issued August 29, Pope Leo XIV amended two canons of the Code of Canons of the Eastern Churches so that a Synod of Bishops can remove its patriarch for a grave cause, subject to papal assent
On August 29, Pope Leo XIV issued an apostolic letter in the form of a motu proprio, Mutua concordia, giving the Synods of Bishops of the Eastern Catholic Churches the power to remove their patriarchs. The measure is intended to "restore wounded communion, even through the removal of the Patriarch for a grave cause," in cases where the "bond" between a patriarch and his synod has been "irreparably compromised."
In those cases the pope must give his assent to the synod's judgment. The changes to canons 106 and 126 of the Code of Canons of the Eastern Churches allow a Synod of Bishops to remove a patriarch through "an ordered procedure" when its relationship with him is in grave crisis.
Right of defense and procedure
The process guarantees the patriarch "the right to a full defense before the Synod." The final decision on removal must be approved by the pope, who will ensure that the fathers are free to express their choice without internal or external pressure.
The pope has ordered a new paragraph, §3, to be added after §2 of canon 106. It states that "if the Patriarch does not fulfill the obligations" laid down in the code, "the Synod of Bishops of the patriarchal Church may be lawfully convoked by the Bishop who is senior in episcopal ordination and who has the right to vote."
Removal procedure and vote
Canon 126 has been amended to add a paragraph stating that "for a grave cause" recognized as such by the Synod of Bishops, the synod may ask the patriarch to resign. If the patriarch refuses, the bishop senior in episcopal ordination will organize the election of a new president. The new president will put the patriarch's removal to a secret vote, which requires at least two-thirds of the synod members entitled to vote. The patriarch keeps the right to defend himself before the synod.
The president of the synod is responsible for informing the pope, who must give his "assent to the removal, which will leave the patriarchal see vacant." The motu proprio says a harmonious relationship between the patriarch and the Synod of Bishops is important for a fruitful ecclesial life.
Background and scope of the reform
The Code of Canons of the Eastern Churches previously contained no procedure for cases in which "the sacred bond between the Pater et Caput and the other Bishops is irreparably compromised," and rules were needed to cover cases of irreconcilable conflict.
The provisions of the motu proprio are meant to strengthen the prerogatives of the Synods of Bishops of the Eastern Catholic Churches, giving them a new power in keeping with their nature as sui iuris Churches. The pope acts as guarantor. The provisions also apply, by their nature, to the major archiepiscopal Churches.