Austrian Bishop Josef Marketz of the Diocese of Gurk-Klagenfurt ignored the Code of Canon Law. He did this to keep his loyalty to the spirit of synodity. He referred to Pope Francis – and announced that a female would become a vicar bishop in his diocese.
The Code of Canon Law provides that the vicar of bishops should be a priest who is at least 30 years old, has a doctorate or a bachelor's degree in canon law or in theology, or be truly proficient in these fields (Can. 478, §1).
Bishop Josef Marketz full consciously disregarded the priesthood as a request to take office. In his opinion, this corresponds to the will of Pope Francis.
Barbara Velik-Frank was the bishop of the Diocese of Gurk-Klagenfurt. He is over 30 years old and a doctorate in theology, so he meets all the conditions – apart from the first, i.e. priesthood. According to the decision of Bishop Marketz, she became “a Vicar Bishop for Synodity and improvement of the Church”. He will begin office on 1 March.
Bishop Josef Marketz issued a message in this case. He pointed out that he decided to entrust this office to Dr. Velik-Frank, due to the fact that in this way he did the will of Pope Francis, who wants to strengthen the secular function in the Church, especially women.
Earlier akin steps have already been taken in another Germanic countries. In Switzerland, for example, Ms Marianne Pohl-Henzen took over the duties of Vicar General 4 years ago. She did not officially become a Vicar, but a delegate; however, she simply replaced the earlier Vicar General, which was Fr Pascal Marquard.
In 2023 a akin decision was made in the Archdiocese of Mechelen-Brussels in Belgium. There, Mr. Rebecca Charlies-Alsberge became a bishop delegate in the Vicar of the Walloon Brabant. He is de facto a vicar of the bishop; in churches in the vicarage he is besides mentioned during Eucharistic prayer immediately after the pope and bishop of the place.
The decision of Bishop Josef Marketz of Austria is rather interesting, that the hierarch did not search any legal steps, calling the vicar a delegate. He simply waived the request of the Code of Canon Law, recognising that he no longer responds to the fresh situation in the Church caused by the synodal process and the will of Pope Francis.
At the same time, the bishop pointed to the basis of his decision, citing the Pope's “Note”, which he joined the “Final Document” of the Synod on Synodality. The Holy Father wrote that "synodity is the appropriate explanation framework for the hierarchical office." In addition, the Note states that the building of the synodality of the Church must not only respect the provisions of canon law, but besides apply the “Final Document” of the synod.
It seems that the bishop is absolutely right in the sense that ignoring the Code of Canon Law in the name of synodal transformation is indeed desirable on the basis of the synodal process.
This is 1 of the most problematic elements of the synodic process. alternatively of changing canon law in an orderly manner where it seems essential in the opinion of the pope, he agrees to circumvent or ignore it, as the nature of synodity is to request it. In the long term, it seems that specified ignoring of the law, even if it corresponds to the views of the pope, must lead to a large mess.
Sources: kath-kirche.kaernten.at
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