Na jednu stranu jsem narazil na jakousi malou rekapitulaci "kardinalování" Miloslava kardinála Vlka na jeho stránkách, kde zmiňuje konání tajné konzistoře, zřejmě před oznámením jmenování nových kardinálů. Jinak škoda, že není sdílnější, mohl by vyjasnit některé nejasnosti ohledně kardinálského kolegia atd.
Na druhou stranu jsem v zajímavém a informativním textu Papal Transition amerického jezuity Thomase Reese našel obdobné stanovisko, které jsem předložil ve svém textu k údajnému jmenování Duky, tj.: "If a pope dies after the names of new cardinals are anounced but before the consistory, the men nominated as cardinals are not cardinals and they do not get to go to the conclave and vote for the next pope."
Ostatně je to celkem zajímavý text, který bych zde rád ocitoval:
If a pope dies after the names of new cardinals are anounced but before the consistory, the men nominated as cardinals are not cardinals and they do not get to go to the conclave and vote for the next pope. For example, Hans Urs Von Balthasar was never a cardinal although he was announced in 1989 but died before the consistory.
The English translation of Canon 351, #2 of the 1983 Code of Canon Law can be misleading on this because of the use of words like "announcement" and "publication." The translation by the CLSA (Canon Law Society of America) reads:
Cardinals are created by a decree of the Roman Pontiff which is made public in the presence of the College of Cardinals. From the moment of announcement they are bound by the duties and possess the rights defined by law.The British translation reads:
Cardinals are created by decree of the Roman Pontiff, which in fact is published in the presence of the College of Cardinals. From the moment of publication, they are bound by the obligations and they enjoy the rights defined in the law.The Latin text is:
Cardinales creantur Romani Pontificis decreto, quod quidem coram Cardinalium Collegio publicatur; inde a publicatione facta officiis tenentur atque iuribus gaudent lege definitis.I consulted four prominent canon lawyers in the U.S. and one in Rome (who consulted his Roman colleagues) and all agreed that if the pope dies before the consistory, the men are not cardinals. They say that cardinals are created at the consistory when the names are read out. That is the technical meaning of the words in the code.
The New Commentary on the Code of Canon Law from the CLSA says: "This reflects the time when the college served as the papal court and appointments to the cardinalatial dignity were subject to debate and required the consent of the college." In modern times the consent has become pro forma.
The text of Universi Dominici Gregis supports the view that they are not cardinals until the consistory: "A Cardinal of Holy Roman Church who has been created and published before the College of Cardinals thereby has the right to elect the Pope."
Supporting this view is the language that the John Paul used in his 2003 announcement: "The month of October, the month of the Holy Rosary, is approaching. I entrust to Our Lady in a special way the consistory that I intend to hold on October 21, on the occasion of the 25th anniversary of my pontificate. Putting aside once again the established numerical limit, I will create new cardinals." Note he uses the future tense, "I will create new cardinals."
Finally, the Annuario Pontificio uses the formula "creato e pubblicato nel Consistoro" in the brief biography of each of the cardinals and uses the dates of the consistories not the earlier announcements for cardinals.