Concept and Definition of the Synod of Bishops
The Synod of Bishops, also known as the “Synod of Bishops,” refers to an institutionalized assembly of bishops within various Christian churches, particularly the Roman Catholic Church and other churches with synodal structures. In the context of canon law, the Synod of Bishops serves to discuss and advise on central questions of faith, organizational matters, as well as pastoral issues, and contributes to the development and interpretation of church law.
Legal Foundations of the Synod of Bishops in the Roman Catholic Church
The Synod of Bishops in Catholic Canon Law (Codex Iuris Canonici)
The Roman Catholic Church grants the Synod of Bishops an explicit legal basis in the Codex Iuris Canonici (CIC). According to canon 342 ff., the Synod of Bishops is defined as an assembly of bishops established by Pope Paul VI in 1965 through the Motu Proprio “Apostolica sollicitudo.” Its purpose is to advise the Pope on matters of particular ecclesiastical importance.
Composition and Responsibilities
The Synod consists of bishops who are elected, appointed, or who hold office by virtue of their position. It is divided into ordinary (regular), extraordinary (for special occasions), and special assemblies (on specific regional or thematic issues). The selection of participants is based on canonical provisions, either by election by the bishops’ conferences or by appointment by the Pope.
Competencies and Tasks
The main task consists of advisory activities for the church Magisterium, particularly the apostolic office of the Pope. The Synod of Bishops promotes unity between the Pope and the college of world bishops and contributes to the development of new provisions in canon law. Its resolutions and votes are (unlike those of councils) not binding on the Pope but have a recommendatory character (“consultative vote”).
Legislation and Procedure
The legal function of the Synod of Bishops does not include independent legislative competence. Proposals, requests, or papers prepared within the framework of the Synod must be confirmed and promulgated by the Pope in order to have binding legal effect. The synodal procedure is set out in the Rules of Procedure for Synods and regulates the convocation, agenda, and the modalities of voting and discussion.
Relationship with Bishops’ Conferences and the Ecumenical Council
The Synod of Bishops acts as an advisory body to the Pope and differs from a bishops’ conference, which convenes at the national or regional level and focuses on the affairs of the respective church province. The synod is to be distinguished from the Ecumenical Council, which acts as a council for the entire church, as the synod cannot make final and autonomous doctrinal decisions.
The Synod of Bishops in Protestant Church Law
In a Protestant context, especially within the Protestant churches of Germany, there are also episcopal-synodal structures. Here, the term refers to assemblies of regional bishops (in the Evangelical Church in Germany, for example, the Council of the EKD or the Bishops’ Conference), who, together with synodal bodies, participate in the governance of the church.
The legal framework is regulated by church constitutions and regional church laws. The Synod of Bishops, if provided for in the respective constitutions, assumes executive, representative, and advisory functions, but without being a legislative lawmaker in the strict sense. It acts in conjunction with synods or church leadership bodies.
Ecclesiastical Legal Status and Public Law Significance
The Synod of Bishops as a Body or Organ
Within the context of state-church law in the Federal Republic of Germany and other countries, the Synod of Bishops does not appear as an independent public law corporation, but as an internal ecclesiastical organ. Its resolutions only affect public law insofar as they impact church order and the obligations of members (clergy and laity) according to Art. 140 GG in conjunction with Art. 137 WRV.
Impacts on Ecclesiastical Self-Governance
The Synod of Bishops is an expression of the constitutionally guaranteed autonomy of churches. Through its advisory, consensus-building, and coordinating functions, it strengthens internal church communication and transparency and contributes significantly to the self-determination of churches.
Procedure and Course of a Synod of Bishops
Convocation and Implementation
In the Roman Catholic Church, the Synod of Bishops is convened exclusively by the Pope. Preparation includes consultation procedures at the diocesan, national, and continental levels. The agenda, preparatory documents (Instrumentum Laboris), and final acts are regulated in a binding manner.
Legal Significance of Synod Results
The results of the synod, recorded in the “votes” (wishes and recommendations), only attain legal and doctrinal validity once they are approved by the Pope, for example in the form of a post-synodal Apostolic Exhortation. The rights and duties of the members of the synod are established by canon law and synodal statutes.
Historical Development and Legal Consequences
Historical Development
The institution of the Synod of Bishops corresponds to an ancient tradition of ecclesiastical consultative culture, which was already developed through synods and councils in the first centuries. Its modern form originates from the Second Vatican Council and was created as part of strengthening synodal elements during the process of ecclesiastical renewal.
Modern Challenges and Developments
Since the 21st century, the legal framework has increasingly developed in the context of synodality and participation, especially regarding the role of laywomen and laymen, transparency in consultative procedures, and the integration of regional concerns. Individual national churches are also developing their own synodal processes to ensure better participation.
References and Sources
- Codex Iuris Canonici (CIC), can. 342-348
- Motu Proprio “Apostolica sollicitudo” (1965)
- Protestant Church Orders and Constitutions
- Second Vatican Council: “Christus Dominus”, No. 5
- Statute of the Synod of the Roman Catholic Church
Conclusion: The Synod of Bishops occupies an essential advisory role within canon law, which is subject to the binding authority of the Pope, and through its synodal structure forms a central element of internal ecclesiastical decision-making. Its significance lies in maintaining church autonomy, promoting internal ecclesiastical participation, and shaping church law at the highest level.
Frequently Asked Questions
What is the legal status of the Synod of Bishops under canon law?
The Synod of Bishops is enshrined in the Codex Iuris Canonici (CIC) as an advisory body to the Pope and possesses solely an advisory function, without independent legislative or executive authority. The synod convenes by order of the Pope and is formally an instrument for involving bishops from around the world in the discussion and consultation of central issues of the Church. The Synod of Bishops cannot make legally binding decisions; it issues recommendations (vota) that are submitted to the Pope for further decision. The Pope alone decides whether and how these recommendations are translated into doctrinal or canonical acts. The convocation, composition, procedures, and topic selection of the Synod of Bishops are governed by the relevant statutes, which must be directly approved by the Pope.
Which norms govern the convocation and conduct of a Synod of Bishops?
The legal framework for the convocation and conduct of a Synod of Bishops is set forth in particular by the Apostolic Letter “Apostolica Sollicitudo” of 1965, the statutes of the synod (“Ordo Synodi Episcoporum”), and various supplementary papal documents. The Pope alone is authorized to order the convening of a Synod of Bishops. The regulations further specify the election and appointment of participants, the submission of thematic proposals, the procedures for consultations, and the manner in which the final vote is reached and transmitted to the Pope. From a formal legal perspective, the entire process allows no autonomy for the synod in relation to the Pope.
What is the relationship of the Synod of Bishops to national bishops’ conferences?
As a worldwide body, the Synod of Bishops has no direct authority over national bishops’ conferences. Its decisions and recommendations are generally universal (worldwide) in scope and must be adopted by the Pope into binding canon law for them to have legal effect. National bishops’ conferences are independent legal entities within canon law with precisely defined, often subsidiary, responsibilities. Decisions of the Synod may, if expressly provided by the Pope, be received into the local legal systems of the bishops’ conferences.
How is the legal force of synodal votes achieved?
Votes or recommendations of the Synod of Bishops do not have immediate legal force; they acquire it only through adoption and promulgation by the Pope. Canon law stipulates that the Synod is solely an advisory body, which compiles its results and suggestions in a final document. The Pope then decides, at his sole discretion, whether, to what extent, and in what form these proposals are transformed into normative — that is, legally binding — acts (e.g., through Apostolic Letters, Motu Proprio, or amendments to the CIC).
What rights and obligations do the invited bishops have regarding participation?
Participation in the Synod of Bishops is mandatory for invited bishops and other members and is based on an explicit convocation by the Pope. The selection of participants is governed by the applicable statutes, which provide for both elected and appointed members. Rights include the right to speak, to propose motions, and to vote within the synod, always with the proviso that the final decision-making power remains exclusively with the Pope. Failure to fulfill the obligation to participate may have consequences under canon law, unless there is a serious impediment.
What legal restrictions exist regarding the topics of the synod?
The determination of topics to be addressed by the Synod of Bishops lies exclusively with the Pope. Suggestions may be submitted by bishops, theological advisors, or the synod secretariat, but they are not legally binding on the Pope. An amendment of the agenda is only possible with the express approval of the Holy See. Topics that contradict dogmas or binding legal acts of the Church may, in principle, not be submitted for decision.
To what extent is the Synod of Bishops interlinked with other ecclesiastical legal bodies?
The Synod of Bishops cooperates with other ecclesiastical legal bodies — such as the Roman Curia — but the legal responsibilities remain clearly separated. While the Curia performs executive and administrative functions on behalf of the Pope, the synod’s role is strictly advisory. Institutional overlap or mutual authority is not provided for under canon law. Only during preparation and follow-up may working groups or discussion forums be formed that cooperate with various church bodies.
