The Vatican has established clear procedures for when a pope passes away or resigns, but it lacks specific guidelines for situations where a pope becomes incapacitated, whether due to illness or unconsciousness. This legislative gap raises significant concerns, particularly with Pope Francis currently hospitalised in critical condition due to a lung infection. Despite his serious health status, he remains in charge as pope, as there are no provisions that automatically transfer leadership under these circumstances.
As Pope Francis approaches the tenth day of his hospitalisation, questions loom about what would occur should he lose consciousness long-term or become unable to fulfil his duties, reminiscent of Pope Benedict XVI’s resignation. The current absence of norms regarding the governance of the Catholic Church during a pope’s incapacity highlights a stark divide in Church law. While there are established regulations for bishops when they cannot perform their functions, no such rules exist for the pope, leaving the situation precarious.
Though Pope Francis is in a critical condition, he has delegated daily operations to various officials, ensuring the continuity of the Church’s governance. Notably, Cardinal Pietro Parolin, the secretary of state, plays a key role in maintaining the functions of the Vatican, including preparations for the upcoming Jubilee of 2025, despite the pope’s hospitalisation.
Canon law currently indicates that if a diocese is left without a functioning bishop due to incapacity, leadership passes to an auxiliary bishop or vicar general. However, a similar framework does not apply to the pope, creating an uncertainty around authority during such incapacitation. Canon 335 states that when the Holy See is vacant or impeded, governance remains unchanged, but it fails to define what an “entirely impeded” Holy See entails.
In response to this apparent legislative gap, a group of canon lawyers in 2021 sought to develop new guidelines for handling a situation where a pope cannot govern—either temporarily or permanently—advocating for a framework that would involve the College of Cardinals assuming governance in such instances.
Pope Francis has reportedly prepared for potential incapacity by drafting a resignation letter, entrusted to a previous secretary of state, though the details of this letter remain undisclosed, as does its potential validity under canon law. An absence of explicit canon law stipulations regarding a pope’s incapacity complicates matters, particularly regarding who would declare that the pope can no longer govern.
The current scenario raises existential questions for the Catholic Church about ensuring effective leadership amid health uncertainties, spotlighting the urgent need for clearer protocols moving forward.