Lewis J. Patsavos
Ecumenical Patriarchate Press Office
Theological Basis[1]
Basic to the ecclesiology of the
Orthodox Church is the concept of conciliarity. The Church is, in fact,
at her core always synod, the literal meaning of the word "Ekklesia."
The concept of conciliarity, i.e., the conciliar or synodal approach to
managing the Church's affairs, is not confined solely to convening
various types of synods, but also includes every expression of
ecclesiastical life.
Through conciliarity, the nature of the Church as
theanthropic communion in Christ is expressed. This is why any
ecclesiastical practice which is not a result of conciliarity is a
deviation from Orthodox ecclesiology.
Besides the convening of synods, the
synodal expression of ecclesiastical life is to be found in every act of
communion among all members of the Church's body. It is expressed first
and foremost by the heads of the autocephalous churches, who thereby
witness to the communion among them. It is also manifested in every act
of communion between a metropolitan and the other bishops in his
province, between a bishop and his presbytery, between a presbyter and
the laity who comprise his parish, and finally among the members of the
laity themselves. At all levels the Church functions as synod, i.e., as a
community of persons freely gathered in Christ and by him, so that each
may offer his gift for the building up of the Body in love.
Conciliarity, as a way of life of the
Church, seeks to fashion ecclesiastical life in such a way as to express
faithfully her essence and ethos. The Church's synodal way of life,
which reaches its highest expression in the episcopal synods, gives
witness to the synergy of God and human beings for the realization of
salvation and the endurance of truth. Synods experience the mystery of
synergy intensely and establish their work upon this mystery. The
experience of those who participate in synods is that they cooperate
with God in the formulation and safekeeping of the Church's truth. If
the Spirit does not blow, human effort and industry alone cannot advance
the mystery of divine truth, as reflected in canon 66 of Carthage:
"When all things had been considered and treated of which seem to
conduce to the advantage of the church, the Spirit of God suggesting and
admonishing us, we determined to act leniently and pacifically with the
before-mentioned men. . . ."[2]
* A paper, with some variations,
originally delivered in October 1986, at the 33rd meeting of the
Orthodox-Roman Catholic Bilateral Consultation in Brighton,
Massachusetts.
Historical Development
The Church throughout history has made
use of a variety of synodal structures, depending upon the historical
circumstances experienced at the time. These synodal structures took the
form of regional, general, provincial and ecumenical synods, as well as
synods comprising the hierarchy of a patriarchate or autocephalous
Church. Furthermore, there have also been synods with a limited number
of members from several patriarchates and autocephalous Churches. This
latter type of synod was known as an "endemousa," or permanent, synod.[3] It
is true that at times the synodal structure of the Church has been
expressed with exactness, as with the provincial synods, and at times
with leniency, as with the permanent ("endemousa") synods. Yet, the
conviction, particularly in the East, that the Church's synodal
structure is a constitutive principle, which is of divine origin,
essential and irreplaceable, has been unwavering.[4]
From the early centuries of the Church's
existence, the need for the synod was evident in the election and
consecration of bishops. The sacrament of holy orders, then, is
basically its ecclesiological and dogmatic foundation. Consequently, the
synod is essentially the institution which gives expression to the
fullness of each local Church. The consecration of a bishop is the event
that gives testimony to the fact that the person elected and
consecrated is appointed by God. Furthermore, it is through this
election and consecration that his Church is one with all Churches which
constitute the body of Christ.[5]
In the early Church, the synod was by
its very nature a gathering of bishops which met more or less regularly.
It was not a permanent institution. As an institution which met
regularly or extraordinarily as conditions might warrant, the essential
condition of its function was the orthodoxy of each bishop and his
Church. It was the bishop's status as spiritual head of his Church which
entitled him to take part in the synod. The synod thus became the
expression of unity and unanimity in the Church.[6]
Beginning with the fourth century,
although not everywhere at the same time, there appears the permanent or
"endemousa" synod. Its characteristic feature consisted in the fact
that it could easily be convened by the Patriarch of Constantinople, who
summoned the bishops staying in the capital at the time ("endemountes")
whenever the seriousness of the issue demanded. The "endemousa" synod
presided over by the patriarch was permanent in the sense that the
Church considered herself in a state of permanent synodal consultation
whenever acting in unanimity for the common good.[7]
The "endemousa" synod grew steadily in
importance and eventually became a permanent institution in the Orthodox
Church. Its preoccupation with doctrinal issues, legislative affairs
and disciplinary matters far exceeded the traditional but limited role
of the provincial synod. Furthermore, it did not require the elaborate
preparations of an ecumenical synod. It has thus remained the most
representative and enduring synodal structure within Eastern Orthodoxy.
Its status and competence in each of the local Churches are clearly
determined by statutes as well as by traditional practice.[8]
It should be noted that the statutes of
the various local Churches here under investigation are only of very
recent date. They are, for the most part, the result of the attempt by
these Churches to cast the living practice of the Church into clearly
defined procedures. This was necessary in view of the relations existing
between church and state at the time of their adoption. It is evident
that diversity of practice exists wherever local variations prevailed,
or where the will of the state has been imposed. Nevertheless, this has
not hampered communication among the local Churches. This is evidenced
by their representation at synods convened from time to time to deal
with the problems besetting the Church as a whole.
Additionally, during times of crisis and
uncertainty, it was the Church of Constantinople which provided a
coordinating role and even resolved conflicts upon appeal. This is not
to overlook the fact that occasionally, as in the election of the
primates of other sees, instances of arbitrary intervention are not
lacking. However, they are outweighed by the many examples of genuine
solicitude for the stability and progress of all the local Churches.
This role of the Patriarchate of Constantinople to hear appeals and to
intervene in times of crisis can be cited again and again since the time
of the Second, and especially the Fourth, Ecumenical Councils.[9]
Following, then, is a description of the
governing synods within several of the autocephalous Churches and
patriarchates today, with special reference to the role of the presiding
hierarch (primate).[10]
Ecumenical Patriarchate
As a patriarchate, the Church of
Constantinople dates back to the Second Ecumenical Council. It was the
3rd canon of this council which accorded her first place among all other
patriarchates of the East. This honorary precedence of the see of
Constantinople among the Orthodox Churches continues to the present day,
despite the vicissitudes of time.[11] This explains why she is listed first among the local Churches to be investigated in the present study.
The Church of Constantinople situated in
Turkey has been administered since 1923 without a formal written
regulation. Her statutory charter previously consisted of the so-called
general or national regulations of the Ecumenical Patriarchate, ratified
in 1862 by the Turkish government and thereby given the force of law.
With the Treaty of Lausanne (1923), which guaranteed protection of the
rights of Christian minorities in Turkey, came also the restriction of
privileges recognized earlier to the patriarchate. This new situation
had as a result the abolition of the general regulations. The basis upon
which the patriarchate is administered today includes the holy canons,
ecclesiastical decrees, ecclesiastical custom, and several privileges
retained to this day from the general regulations, applied in such a way
as to address effectively the situation at hand.[12]
According to current practice, the patriarch is elected by the "endemousa"
synod, which is made up of the active metropolitans residing in
Constantinople. Also taken into account in the election process is the
corresponding opinion ("sympsefon") of the hierarchy attached to
the see of Constantinople and living abroad. As Archbishop of
Constantinople, the patriarch has direct pastoral jurisdiction over the
Archdiocese of Constantinople, which includes the communities of
Istanbul, Galata and Katastenon. He is assisted by several auxiliary
bishops, and also by metropolitans, who may or may not be members of
Holy Synod. Both the former and the latter may serve in the capacity of
archieratical pastor or overseer of a parish or district.[13]
The permanent Holy Synod consists of
twelve members and is presided over by the patriarch. Members include
active metropolitans whose sees belong to the patriarchate and are
situated in Turkey. The term of service on the Holy Synod is one year,
half the membership being replaced every six months. With the exception
of several metropolitanates so designated, their official listing does
not constitute the basis for the composition of the Holy Synod. Rather,
it is for the most part the seniority of episcopal ordination which
determines this.[14] With the abolition of the mixed council in 1923, direct lay participation in the administration of the patriarchate is lacking.[15]
Patriarchate of Alexandria
The Patriarchate of Alexandria occupies
the second place among the venerable Orthodox patriarchates in
accordance with the same canon 3 of the Second Ecumenical Council. Since
the end of the last century, this patriarchate has been administered by
a series of regulations, periodically revised in response to the need
at the time. The outstanding feature of the original regulation, which
is inherent in all subsequent regulations, is the establishment of a
synodal system of administration. This replaced the supreme
administrative authority formerly exercised by the patriarch in
monarchical fashion. This was at a time when the number of faithful was
so small as to deprive most of the metropolitans of their flocks. An
equally outstanding feature of the original regulation, similarly
prominent hitherto, is the election of the patriarch by both clergy and
laity.[16]
The patriarchal synod consists of all
the metropolitans of the see of Alexandria and is presided over by the
patriarch. This composition constitutes a complete synod, which is in
contrast to the gathering of metropolitans when the patriarchal see is
vacant. The latter body is limited exclusively to conducting the
election of a new patriarch, as well as to expediting matters of extreme
urgency.[17]
The Holy Synod is made up of at least
seven metropolitans. In the event that number cannot be reached for the
election of a new patriarch, the missing number is filled by hierarchs
from the Churches of Constantinople, Antioch, Jerusalem, Cyprus and
Greece. There should be no more than one hierarch from any one of these
Churches.[18]
The relations of patriarch and metropolitans within the synod are governed by the spirit of canon 34 of the Holy Apostles.[19] Accordingly,
the bishops of an autocephalous Church should acknowledge the first
among them and consider him the head. Neither ought they without the
patriarch, nor he without the opinion of all, do anything pertaining to
the common affairs of the Church. The jurisdiction of a complete (i.e.,
patriarchal) synod, in conformity with the canons,[20] covers matters of an administrative, canonical and judiciary nature.
The synod is usually convened twice
yearly, in the spring and fall. It is necessarily convened at least once
yearly. It may also meet in extraordinary session whenever the
patriarch deems necessary.[21]
The patriarch has the right to suspend
publication of any synodical decree whose formulation in his judgment is
incomplete. He must, however, justify his action at the next meeting of
the synod. If the synod insists upon its publication, it then becomes
obligatory for the patriarch to conform to the decision of the synod.[22]
Patriarchate of Antioch
The Patriarchate of Antioch, third in
rank among the venerable Orthodox patriarchates, has upheld for
centuries the traditional synodal system of administration by convening
regular and extraordinary synods of her hierarchs. Nevertheless, in the
first half of the 17th century the synod of bishops nearly became
perfunctory. At that time the patriarch administered the Church almost
monarchically, selecting bishops and even predetermining his successor.[23] The
basic regulation which eventually evolved foresaw the election of the
patriarch by an assembly of clergy and laity, as well as the composition
of a Holy Synod and a mixed council made up of members of the synod and
laypersons.[24]
The Holy Synod consists of the patriarch
as president and of the active metropolitans of the patriarchal throne
as members. It meets yearly or extraordinarily whenever the patriarch
deems necessary or whenever requested by at least five metropolitans.
The Holy Synod does not constitute a quorum unless there is an absolute
majority of its members. Only members present have the right to vote and
decisions are reached by a majority of those present. Bishops may be
present at sessions of the Holy Synod only to make informational
reports. They do not have the right to vote. In the event of a tie, the
vote of the patriarch prevails.[25]
The patriarch is obliged to publish any
law, regulation, or decision ratified by the Holy Synod within a month
of its last meeting. In the event he does not, this obligation is
undertaken by the metropolitan first in rank according to seniority. The
patriarch has the right to request the revision of any decision of the
Holy Synod. However, the revision is defeated if an absolute majority
vote favors retaining the original decision.[26]
In the absence of a convocation during
the appointed time, the Holy Synod convenes on its own authority. In the
event the patriarch does not preside, this responsibility is undertaken
by the member of the Synod who is first in rank according to seniority.
The competencies of the Holy Synod include election of the patriarch,
metropolitans and bishops, vigilance regarding preservation of the
purity of the faith, and appropriate measures against violations of
ecclesiastical order.[27]
In addition to the Holy Synod there is the general community council.[28] It
is composed of the entire Holy Synod and of lay representatives from
each of the metropolitanates. It is a permanent body presided over by
the patriarch, which meets regularly twice a year. It is competent for
legislation dealing with financial, administrative, social, judiciary,
intellectual and educational matters of the patriarchate.[29] In
the election of the patriarch, it is responsible for selecting three
candidates, of which the Holy Synod elects one as patriarch.
Patriarchate of Jerusalem
The Church of Jerusalem was elevated to a patriarchate by the Fourth Ecumenical Council[30] (451), and ranks fourth among the ancient patriarchates.[31] This
venerable institution follows a monastic system of organization; the
Greek Orthodox Patriarch of Jerusalem functions as abbot of the
Brotherhood of the Holy Sepulcher. It is, therefore, understandable that
the preservation and protection of the holy shrines have traditionally
constituted one of this patriarchate's chief concerns.
As a result of its concentrated efforts
on behalf of the holy shrines, the patriarchate did not concern itself
with the drafting of a regulation until quite late. It was not until the
second half of the 17th century that the first attempt to provide a
regulation was realized. In the meantime, the patriarchate functioned as
a monastic brotherhood under the patriarch-abbot and the semblance of a
synod. The bases of its organization were the holy canons and a variety
of traditional decrees related to its monastic character and to the
needs of the holy shrines.[32]
Under its current statutory charter, the
patriarchate has both a synod and mixed council. The Holy Synod is
composed of the patriarch who presides, metropolitans, provincial
bishops, as well as titular bishops and archimandrites appointed by the
patriarch. The membership of the Holy Synod, including the patriarch,
must not exceed eighteen. The patriarch in synod may replace any member
of the Holy Synod, if in his judgment this would benefit the
patriarchate. Furthermore, the patriarch, or in his absence any member
of the Holy Synod appointed by him, presides over all meetings of the
Synod. All actions of the patriarch in synod and all matters brought
before him are decided by a majority vote of the Synod. A tie vote is
broken by the vote of the patriarch.[33]
The mixed council, also presided over by
the patriarch, allows for lay input in the decision-making process of
the patriarchate. It is made up of both lay and clergy representatives. A
layperson serves as vice-president. In the absence of the patriarch, a
clergy member of the council appointed by him serves as president.[34] Local
community councils appointed by the mixed council participate in the
election of the patriarch through duly elected married priests, not to
exceed twelve. Together with the Holy Synod and the remaining bishops of
the patriarchate, they constitute the council convened to nominate
candidates for the patriarchal throne of Jerusalem. Following the
approval of the list of candidates by the prime minister, a general
council is made up of the Holy Synod, the archimandrites and
"protosyngelloi"[35] who
live in the monasteries of Jerusalem, as well as the married priests
who represent the local community councils. Of the three candidates
elected by the general council, the members of the Holy Synod elect the
patriarch. In the event of a vacant see, the patriarch in synod appoints
a metropolitan or provincial bishop to fill the vacancy.[36]
Patriarchate of Russia
Fifth in rank among the autocephalous
Churches is the Church of Russia, having herself been elevated to the
status of patriarchate in 1589. With the ascension to the throne of
Peter the Great as czar came the abolition of the patriarchate and its
replacement by the so called "governing synod" (1721), exercising
highest administrative authority. In reality, this arrangement proved
detrimental to the Church, which became subservient to the state. This
state of affairs lasted until October of 1917, when the patriarchate was
restored, although at a time when the state was hostile to the Church.
Attempts were made in the meantime to secure the Church's right to exist
within the framework of an acceptable statutory charter. The present
administrative structure is the result. Although aspects of the current
statutes are less favorable to the Church's welfare than earlier stages
of their development, they nevertheless serve as the basis upon which
the Patriarchate of Russia is administered today.[37]
The highest authority in legislative,
administrative and judiciary matters affecting the patriarchate is
exercised by a local synod, convened periodically, and made up of
bishops, other clergy and the laity. Based upon canon 34 of the Holy
Apostles, the patriarch as primate administers the Church together with
the Holy Synod. When the need exists to resolve important ecclesiastical
matters, he may with the approval of the government convene a synod of
the hierarchy over which he presides. In the event it is considered
necessary to know the mind of the other clergy and the laity, he may, if
possible, convene a local synod over which he also presides.[38]
The Holy Synod is made up of the
patriarch, who presides, and six member hierarchs who administer
dioceses. Of the members of the Holy Synod, three are permanent and
three are temporary. When the patriarchal throne becomes vacant, the
Holy Synod under the presidency of a "locum tenens" calls for a synod to
elect a new patriarch. The synod which elects the new patriarch is
presided over by the "locum tenens." Each diocese is headed by a
hierarch appointed upon the decision of the patriarch and bearing the
title of the city, which is the see of his province.[39]
Patriarchate of Serbia
As with the other Slavic Churches, the
Orthodox Church of Serbia was Christianized by the Patriarchate of
Constantinople. It first emerged as a unified and uniformly administered
Church in the early 13th century. From the time of the Ottoman conquest
up until the 20th century, however, it experienced periods of
administrative disjunction due, among other things, to its territorial
losses. With the eventual reunification of the metropolitanates
comprising the Serbian Church came the desire for the restoration of a
unified ecclesiastical administrative center. In 1920, the holy synod of
the hierarchy moved to reestablish the patriarchate, a move
subsequently recognized by the Ecumenical Patriarchate. The state,
nevertheless, in the person of the king reserved to itself the right to
ratify the election of both bishops and patriarch. Relations with the
state changed drastically following the Communist takeover of the
government in 1945. The present statutory charter by which the
Patriarchate of Serbia is administered today reflects these changes.[40]
Within the Patriarchate of Serbia
ecclesiastical authority is exercised, among others, by the patriarch,
Holy Synod of the hierarchy, permanent Holy Synod, high ecclesiastical
court, patriarchal assembly and patriarchal administrative council. The
patriarch is elected from among those provincial bishops of the Serbian
Church who have administered their dioceses for at least 5 years. The
election takes place by an electoral body from among 3 candidates. The
latter are proposed in synodal session at which a minimum of two-thirds
of the provincial bishops must be present. The meeting is presided over
by the senior member of the synod. Besides the entire body of the
hierarchy, the electoral body is expanded to include the dean of the
Orthodox School of Theology in Belgrade, directors of ecclesiastical
seminaries, a number of clerics holding ecclesiastical administrative
posts, several abbots of specifically named monasteries, and the entire
membership of the patriarchal administrative council. Included in the
electoral body for the election of the patriarch are also laypersons.[41]
The Holy Synod of the hierarchy is made
up of all the provincial bishops and is presided over by the patriarch.
It constitutes the higher ecclesiastical legislative authority in
matters of faith, worship, discipline and internal organization, as well
as the highest judiciary authority within the sphere of its
competencies. The permanent Holy Synod is made up of the patriarch, who
presides, and four provincial bishops. Its members are elected by the
holy synod of the hierarchy for two years, two each year. Its meetings
are conducted with limited representation (only two members in
attendance, besides the patriarch, who presides) and with broader
representation (all members in attendance). The permanent Holy Synod is
the highest executive (administrative and supervisory) authority, as
well as the highest judiciary authority within the sphere of its
competencies. Upon its decision, the holy synod of the hierarchy meets
both in regular and extraordinary session.[42]
Except for the election of a bishop, the
holy synod of the hierarchy makes valid decisions providing more than
half its members are present. Both the Holy Synod of the hierarchy and
the permanent Holy Synod reach their decisions unanimously or by
majority vote. A tie is broken by the vote of the patriarch. Whenever
temporarily hindered from fulfilling his responsibilities as chairman of
either synod, the patriarch authorizes the senior member of the synod
to replace him. In the event of a lengthy incapacity or of a vacant
patriarchal see, the duties of the patriarch are assumed by the
permanent Holy Synod, the patriarch's role in both the permanent synod
and the synod of the hierarchy being fulfilled by the senior member of
the former. In such instances, it is usually not permitted for
ecclesiastical laws, regulations or decisions to be issued. If, on the
contrary, such legislation is deemed necessary, it must subsequently be
brought to the attention of the new patriarch for information and
approval. Lacking approval by the patriarch, the matter comes before the
holy synod of the hierarchy for discussion and ultimate decision. Both
synods may during their meetings invite other clerics or laypersons for
their specialized opinions.[43]
Patriarchate of Rumania
The Orthodox Church of Rumania developed
from the onetime metropolitanates of Hungrovlachia and Moldavia
established in the 14th century. It, too, was originally under the
authority of the Patriarchate of Constantinople, from which it
eventually was granted its autocephalous status in 1885. During the
centuries from its origins to its full maturity as an autocephalous
Church, it experienced both privileges and the arbitrary intervention
into its affairs by the state. Both trends are reflected in the
legislation which evolved prior to 1925, when the Church of Rumania was
elevated to patriarchate. Nevertheless, the frequent changes and
improvements in this legislation are indications of the concern for the
Church's general well-being. The same concern prompted further
legislative activity on the part of both state and Church following the
First World War.
Following the Second World War, and in
view of the new established order in Rumania, it was necessary for the
Church under the leadership of Patriarch Justinian to make broad
revisions in its statutory charter. It is this revised charter which
constitutes the basis for the administration of the Patriarchate of
Rumania today.[44]
The central organization of the Church
of Rumania is provided by the Holy Synod, the national ecclesiastical
assembly, the national ecclesiastical council and the patriarchal
administration. The Holy Synod exercises highest authority in all
spiritual and canonical matters, as well as in those ecclesiastical
matters within its competence. It is composed of the patriarch, who
presides, and of all active metropolitans, bishops and vicar (auxiliary)
bishops of the patriarchate. Allowance is made for the presidency to be
assumed by one of the metropolitans, according to protocol, in the
absence of the patriarch. Meetings are held regularly once each year and
exceptionally whenever the need arises. Both the convocation and agenda
are announced by the presiding hierarch fourteen days in advance with
the notification also of the ministry of religious affairs. Both the
beginning and termination of its sessions are decided by the ministry of
religious affairs. A quorum is reached when at least 12 of its members
are present. A majority vote of those present assures the validity of
its decisions. The minister of religious affairs may be present and take
part in the discussions. Finally, the Holy Synod may invite
representatives of the clergy, the monasteries and the theological
institutions to its meetings.[45]
The permanent synod convenes in the
interim between meetings of the Holy Synod. The statutory charter
foresees instances for which the permanent synod is incompetent, as well
as those for which decisions reached are subject to the subsequent
approval of the Holy Synod. It is composed of the patriarch, who
presides, and all active metropolitans. In the absence of the patriarch,
one of the metropolitans presides according to protocol. It meets upon
the invitation of its presiding hierarch as often as the need arises. A
majority vote of its members assures the validity of its decisions. It,
too, may invite to its meetings representatives of the clergy, the
monasteries and the theological institutions.[46]
The national ecclesiastical assembly,
made up of one clergy and two lay representatives from each province, as
well as the members of the Holy Synod, is the central representative
body of the Orthodox Church of Rumania for financial and administrative
matters. It is also responsible for all other matters for which the Holy
Synod is not competent. The national ecclesiastical council is the
highest administrative body for matters of the entire Church, while at
the same time it is the executive body of the Holy Synod and of the
national ecclesiastical assembly. It is made up of nine members, three
clerics and six laypersons, elected by the national ecclesiastical
assembly.[47]
The Patriarch is at the same time
Archbishop of Bucharest, Metropolitan of Hungrovlachia and Primate of
the hierarchy of the Church of Rumania. He is assisted in the exercise
of the duties of his office by two vicar bishops, six administrative
advisors, the chief secretariat of the patriarchate and the board of
review and supervision.
Bishops and metropolitans are elected
from among the hierarchy in general or from among those priests who meet
the qualifications established by the charter. The patriarch is elected
from among the active bishops, archbishops and metropolitans. All are
elected in secret ballot by an electoral assembly made up of the members
of the national ecclesiastical assembly and of the provincial assembly
of the vacant province. Other members participating in the electoral
assembly are as follows: the president of the ministerial council and
the minister of religious affairs or their representatives, a
plenipotentiary representative of the national ecclesiastical assembly
and the rectors of the theological institutions of university status.
The electoral assembly is summoned within three months at the latest to
fill any vacant see. A quorum of the electoral assembly exists when a
majority of its members is present and its decisions are valid when
reached by an absolute majority. It is presided over by the metropolitan
in the election of bishops and archbishops of those provinces with the
right to vote, by the patriarch in the election of metropolitans, and by
the patriarchal "locum tenens" in the election of the patriarch.
Electors write the name of the person of their choice for the office to
be filled on ballots. An absolute majority determines the outcome of the
election. In the absence of an absolute vote, a run-off election
between the two persons with the most votes determines the outcome. In
the event of a tie vote, the outcome is determined by lots. The
canonical investigation of those elected is undertaken by the Holy
Synod. Ratification of the election is by decree of the presidency of
the national ecclesiastical assembly issued at the request of the
government per recommendation of the ministry of religious affairs. The
letters of installation of bishops are issued by the metropolitan, of
metropolitans by the patriarch, and of the patriarch by the Holy Synod.
In the event an election is not ratified either by the Holy Synod or by
the presidency of the national ecclesiastical assembly, a new election
is mandated within a time limit determined by the Holy Synod.[48]
Patriarchate of Bulgaria
The Orthodox Church of Bulgaria has from
the beginning of its existence up until the latter half of the 19th
century been under the supervision and direction of the Ecumenical
Patriarchate. Since the establishment of a Bulgarian Exarchate by the
Ottoman Government in 1870, however, she has undertaken the task of
organizing her own internal affairs independently. This activity brought
about a rupture in her relations with the Ecumenical Patriarchate and
the other Orthodox Churches. The rupture was eventually healed and the
Church of Bulgaria was recognized as an autocephalous Church. She
ultimately proclaimed herself a patriarchate in 1953, an act not seen
favorably at the time by the other Orthodox Churches. In the early
stages of her organizational development, an active role was recognized
to the laity, which eventually became less pronounced. The statutory
charter by which she has been administered since her elevation to
patriarchate reflects the Church-state relations which have evolved as a
result of the Communist regime which governed until recently.[49]
The Holy Synod, which exercises the
highest spiritual authority in the Orthodox Church of Bulgaria, is made
up of the patriarch and all bishops with metropolitanates. It functions
in both full and limited capacity, as a synod of the hierarchy in the
former case and as a permanent synod in the latter. All bishops with
metropolitanates are under the direct jurisdiction and supervision of
the Holy Synod, from which they receive their hierarchical office and to
which they are accountable directly. Legislative authority is exercised
by the clergy-laity assembly, which is composed of the bishops, other
clergy and laypersons. The highest judiciary and administrative
authority is exercised by the Holy Synod.[50]
The patriarch is elected by the
patriarchal clergy-laity assembly composed of all the bishops, as well
as clergy and lay representatives from each province and a variety of
ecclesiastical and other bodies. All electors must be members of the
Orthodox Church of Bulgaria. At least seven days before the designated
day for the election of the patriarch, the holy synod of the hierarchy
elects three metropolitans by secret ballot and absolute majority as
candidates for the patriarchal throne. Following the election of the
three candidates, the director of religious affairs is notified in
writing in order for him to respond regarding the government's
confidence in the candidates. The Holy Synod through its acting
president convenes the patriarchal clergy-laity assembly on the assigned
Sunday for the election of the patriarch. After it has been determined
that at least three-fourths of the assembly's membership is present, the
election process begins following prayer. In the event three-fourths of
the membership are not present, the election process is interrupted for
one hour, following which it resumes again regardless of the number of
members present. The candidate who receives two-thirds of the votes cast
by secret ballot is declared patriarch.[51]
The president of both the Holy Synod of
the hierarchy and the permanent Synod is the patriarch, or in his
absence, one of the synodal members appointed by him. The permanent
Synod is made up of the patriarch and four metropolitans who have
administered their provinces for at least two years. Its members are
elected by the hierarchy for four years. No bishop may refuse to
participate in the meetings of the Holy Synod, except for reasons of
health or inability confirmed by the hierarchy. The penalty for doing so
is suspension.[52] Only members of the Holy Synod of the hierarchy and permanent Synod may participate in their meetings.[53]
Among the other competencies, the Holy
Synod of the hierarchy draws up a list of candidates for the office of
metropolitan when the see of a province is vacant. The "locum tenens"
together with the metropolitan council forwards a copy of the list to
all the electors of the province (clergy and laity) whom he invites to
the capital of the province in order to take part in the election of the
metropolitan. A supervising committee oversees the election. Following
prayer, the electors proceed with the election by secret ballot. Each
ballot cast contains two names from the official list of candidates.
Those candidates receiving an absolute majority are declared the
officially elected candidates of both the clergy and the laity of the
province to fill the vacant see. On the first Sunday following the
approval of the provincial election, the Holy Synod proceeds with the
final election of one of the two candidates in the church and in the
presence of the people. The newly elected metropolitan assumes his
ministry, which is for life, from the day on which the Holy Synod
officially announces his election. According to the canons, a vacant see
may not remain without a canonical bishop for more than three months.[54] A bishop is not ordained without a province and transfer from one province to another is prohibited.[55] Nevertheless,
the Holy Synod may by exception ordain a bishop as auxiliary to the
patriarch or as auxiliary to an elderly or ailing metropolitan or for
exceptional needs of the Church.[56]
Executive authority belongs to the
patriarch or his representative. Nevertheless, the patriarch does not
have the right to reach decisions affecting the whole Church without
consulting with the Holy Synod, nor does the Holy Synod have that right
without consulting with the patriarch or his representative.[57] In
the event the patriarch or any other hierarch should violate the duties
and responsibilities of his office, he is accountable to the holy synod
of the hierarchy. The meetings of both the Holy Synod of the hierarchy
and the permanent Synod are legitimate only if presided over by the
patriarch or his representative and with the presence of at least half
of their membership. The Holy Synod of the hierarchy meets regularly
each year in June and November, and exceptionally whenever deemed
necessary by the patriarch or permanent Synod or when requested by half
the metropolitans. The permanent Synod meets continually and determines
its own recesses. Decisions are reached by an absolute majority of
members present. A tie vote is broken by the vote of the president.
Abstention is not permitted. A dissenting opinion is permitted providing
it is declared and justified orally during the meeting and submitted in
writing within three days subsequently. Each member has the right of
initiative during meetings.
A member guilty of violating synodal
procedure is admonished as follows: admonition in private by the
president; if ignored, admonition is repeated in synod; as a final
resort, the president proposes an appropriate penalty to the Holy Synod.
In the event the patriarch as president of the Holy Synod is guilty of
violating the statutory charter generally, the Holy Synod in the person
of its senior member respectfully issues a reminder. If the reminder
goes unheeded, it is repeated in synod. If even then there is no
correction, the Holy Synod takes the appropriate measures as defined by
the canons regarding degradation.[58]
Church of Greece
Owing to the privileged status still
accorded to the Orthodox Church of Greece by the Greek Constitution, in
contrast to the status of the other autocephalous Orthodox Churches in
the lands in which they exist, an investigation of her administrative
structure closes this part of the present study. In a sense, it provides
a logical balance to the investigation of the administrative structure
of the Ecumenical Patriarchate with which this study began. This is so
because of the mother-daughter relationship existing between the
Churches of Constantinople and Greece, a relationship which dates back
to the first half of the 8th century.[59] It
is in deference to this relationship and to the respect thereby
fostered by the Church of Greece towards her mother Church, that the
former retains only the title of an autocephalous Church whose primate
is an archbishop. Territorially a part of the Church of Constantinople
until 1821 essentially, thereafter only formally until 1850, the Church
of Greece understandably modeled her administrative structure after that
of her mother Church. There have, of course, been many adjustments and
revisions since the original statutory charter by which the Church of
Greece administered her ecclesiastical affairs in the spirit of the
canons. The charter of 1977 is a recent phase in this development.
The highest ecclesiastical authority of
the Church of Greece is the Holy Synod of the hierarchy, composed of the
Archbishop of Athens and All Greece as president, and all the bishops
who administer metropolitanates. Her permanent administrative body is
the permanent Holy Synod. Both bodies are located in Athens. The
vice-president of the Holy Synod of the hierarchy is its senior ranking
member. In the absence of the president, the vice-president presides; in
the absence of the latter, the member hierarch next in rank of
seniority. The Holy Synod meets by right in regular session on the 1st
of October each year. It may meet exceptionally whenever convened by the
president either upon his own initiative, or following a previous
decision of the permanent synod, or per request of at least one-third of
the active metropolitans.
Further regulations determine procedure
regarding convocation of the Holy Synod according to the latter two
instances. In any event, the president is canonically accountable if he
fails to convene the Holy Synod in conformity with the above. Additional
regulations determine the agenda, i.e., who sets it and how it is
covered. Bishops present during the meetings may not depart without
serious cause before the necessary decisions have been reached. Such
departure, as well as an unjustified absence, constitute a canonical
offense. A quorum exists if more than half the member metropolitans are
present. Decisions are reached by a majority vote of those present. A
tie vote in an open ballot is broken by the vote of the president.
Decisions on matters considered to be of profound importance by the Holy
Synod (inflicting major excommunication, exercising condescension and
leniency) require at least a two-thirds majority vote of the entire
membership of the hierarchy.[60]
The permanent synod of the Church of
Greece is composed of the Archbishop of Athens as president, and 12
member hierarchs, of whom 6 are active metropolitans of the
autocephalous Church of Greece chosen alternately by seniority, and 6
are active metropolitans from the "new provinces" chosen in the same
way.[61] A
quorum exists if half its members plus one are present. Decisions are
reached by majority vote. A tie vote is broken by the vote of the
president. In the absence of the president, the highest ranking member
hierarch present, according to seniority, presides, as mandated by the
canons. The synodal period is annual, beginning on the 1st of September
of one year and ending on the 31st of August of the next. As the
permanent administrative body of the Church, its competencies include
overseeing the careful execution of all decisions of the Holy Synod of
the hierarchy. In the interim between meetings of the Holy Synod, the
permanent synod exercises all ecclesiastical-administrative authority
according to the canons, traditions and legal norms.[62]
Upon the vacancy of the archiépiscopal
throne of Athens, the responsibilities of "locum tenens" are fulfilled
by the highest ranking active metropolitan according to seniority. In
the event this is not possible, the next in line of seniority assumes
these responsibilities. Within five days of the vacancy, the permanent
synod under the presidency of the "locum tenens" meets to announce the
vacancy officially to the active metropolitans and to set the date for
the Holy Synod to meet for the election of an archbishop. This
extraordinary meeting of the Holy Synod takes place in the cathedral
church of Athens within twenty days of the vacancy. Eligible for
election are all active metropolitans who are Greek by birth, as well as
those clergy of the Church of Greece who are registered in the list of
eligible candidates for the episcopacy. The election takes place in only
one session without recess in the presence of the minister of education
and religious affairs. The session is presided over by the highest
ranking hierarch present, according to seniority. A quorum exists if at
least two-thirds of the active metropolitans are present.
Following are detailed regulations
describing the procedure to be kept in the election of the archbishop.
Elected is the candidate who receives an absolute majority of the votes
cast. If an absolute majority is not reached, the same procedure is
repeated without interruption. If an absolute majority is still not
reached, the candidate receiving a relative majority of the votes cast
is considered elected. In the event of a tie vote during the third
ballot, the archbishop is selected by lots. Objections as to voting
procedure, qualifications of candidates, validity of ballots, etc., are
to be submitted immediately in writing. An irrevocable reply to these
objections is provided at once by the minister of education and
religious affairs, or, in his absence, by the elections committee.
The candidate elected officially accepts
his election, whereas the permanent synod notifies the ministry of
education and religious affairs on the same day in writing. Within five
days a presidential decree of recognition and appointment is issued.
Shortly thereafter, and in the presence of the president of the
republic, the minister of education and religious affairs, and the
permanent synod, the newly elected archbishop affirms fulfillment of his
archiépiscopal responsibilities and obedience to the constitution and
laws of the state. Following this affirmation the newly elected
archbishop is enthroned.[63]
The election of bishops is carried out
only by the Holy Synod of the hierarchy and always from the current list
of eligible candidates for the episcopacy. The Holy Synod of the
Ecumenical Patriarchate also has the right to propose the names of
candidates who would be eligible for election to one of the
metropolitanates of the "new provinces." There follows a detailed list
of both general and specific qualifications required of all candidates.
The statutory charter devotes several articles to the list of eligible
candidates for the episcopacy, allowance also being made for members of
the synod to contest the eligibility of candidates registered.
Consequently, one of the standard agenda items of the permanent synod is
the ongoing evaluation of the list of eligible candidates.
When a metropolitanate becomes vacant,
the president of the permanent synod appoints the senior hierarch from
among the neighboring metropolitanates as "locum tenens." The "locum
tenens" is responsible for administering the daily affairs of the
metropolitanate and may not initiate substantive changes in its
institutions. In the event of an urgent matter, the "locum tenens" must
first receive the approval of the permanent synod before taking any
action. The election of a metropolitan by the Holy Synod of the
hierarchy must take place within six months of the vacancy at the
latest. If during this period the Holy Synod does not convene for its
regularly scheduled annual meeting, it meets in extraordinary session to
fill the vacancy.
A vacancy is filled canonically by an
election. It may, however, with a two-thirds majority vote of members of
the Holy Synod who are present, be filled by transfer. Only those
metropolitans with at least five years of active ministry can be
considered eligible for transfer. Once transferred, they may not be
transferred again. Their election is by secret ballot. A two-thirds
majority vote assures the election of the candidate considered eligible
for transfer. Following official announcement of the synodal decision
regarding transfer, the metropolitan to be transferred declares his
acceptance. In the event he does not accept, the election process is
repeated.[64]
In order to fill a vacancy by election,
members of the Holy Synod of the hierarchy elect by secret ballot three
candidates from the list of eligible candidates for the episcopacy. Each
elector is obliged to list three candidates on his ballot. The Holy
Synod then elects one of the three candidates by secret ballot and by a
relative majority. Also eligible for election besides those named in the
official list are auxiliary bishops and titular metropolitans and
bishops. In the event of a tie vote between metropolitans and bishops,
the senior hierarch according to ordination is preferred; between
presbyters and deacons, the presbyter is preferred; and between
presbyters, the senior presbyter according to ordination is preferred.
Following the government's notification of the election, acceptance and
ordination of the candidate, a presidential decree of recognition and
installation is issued. The newly elected metropolitan then officially
makes an affirmation to fulfill his hierarchical responsibilities and is
enthroned according to ecclesiastical order.[65]
Eastern Churches United with Rome
For purposes of further inquiry and
comparison, this investigative study will close with a brief survey of
the Eastern Churches united with Rome. The object of this survey is to
determine whether these Churches have preserved their synodal character
and, if so, under what conditions.[66]
Among the Churches of the Byzantine
rite, practice varied depending upon local needs and the degree of
intervention on the part of the Church of Rome into the affairs of each
Church. The Ruthenians, who entered into union with Rome at the Council
of Brest-Litovsk in 1595, were initially instructed by Pope Clement VIII
as to the rights of their metropolitans. Several decades later,
however, it was decreed that provincial synods be held every four years.
In reality, these synods were closely supervised during their stages of
preparation by the ecclesiastical authorities in Rome.
The Rumanians who united with Rome held
relatively frequent diocesan synods from the very beginning. It was not
until 1872 at Blaj, however, that their first truly provincial council
was held. Before that time, legislation on matters of importance came
from Rome. It was Rome as well which directed the preparations for the
Council of Blaj.
Legislation for the Italian Greeks came
directly from the See of Rome, as evidenced by the encyclicals of
Clement VIII and Benedict XIV issued in their behalf. On the other hand,
the Melkites have always claimed autonomy with regard to their
patriarchal synods. Nevertheless, Rome has always reserved to itself the
right to accept or reject these synods, as evidenced once again by the
available papal documents which either contest or direct or flatly
reject them.
A similar fate befell the other Eastern
Churches as well. Their synods have either been planned and directed in
Rome or presided over by a papal representative with extensive
authority. Such was the case with several Maronite synods of the 16th
century and again with the Synod of Mt Lebanon held in 1736.
During the papacy of Pius IX, the
decision was reached to provide the non-Byzantine Eastern Churches with a
legislative system similar to that of the Council of Trent. A synod of
the Chaldean Christians in 1852 and one of the Syrians held the
following year reflect these designs. In the case of the former, they
did not openly refuse to accept a legislation imposed on them but rather
chose to ignore it frequently in practice. The latter, on the other
hand, sought to recover their traditional liturgical customs at a synod
convened for this purpose several years later.
An attempt was made at Vatican Council I
to unify the discipline of the Eastern Churches by entirely suppressing
it in favor of Latin uniformity. Through the efforts of both the
Chaldean and Melkite Patriarchs invited to attend, it was brought to the
attention of the council that only a patriarchal or national synod
could effectively initiate reform. Time, how-over, did not allow the
council to deal with the issues raised.
Under the papacy of Leo XIII,
collaboration and understanding with regard to the traditions of the
Eastern Churches united with Rome increased decidedly. As far as synods
were concerned, however, Rome continued to insist that they be presided
over by a papal representative and that their decisions needed Roman
approval before they could be promulgated.
With the announcement of an Oriental
Code of Canon Law in 1929, an end came to the traditional legislative
authority exercised by the local synods. Although these synods continued
to provide the necessary details of the legislative system thus
unified, it became apparent that they no longer functioned as they did
originally. The annual provincial synod now functions much the same as
the episcopal conferences in the Roman Church: as consultative bodies
without proper legislative authority.[67] The institution of the permanent synod, too, although prevalent, has very limited administrative and judiciary competence.
Vatican Council II, through its Decrees
on Ecumenism and on the Eastern Churches, has given cause for optimism
regarding the recovery of some of the traditional norms and institutions
of the Eastern Churches united with Rome. Although some reservations
are still expressed,[68] it
remains to be seen whether the synod will ultimately be recognized as
the essential institution it is in the life of the Eastern Church. Such
recognition could in fact bring East and West one step closer in their
quest for unity.
[1] See G. Kapsanis, E poimantike diakania kata tous ierous kanonas
(Piraeus, 1976), 112-29.
[2] H. Percival, ed., The Seven Ecumenical Councils, Nicene
and Post-Nicene Fathers, second series, vol. 14 (Grand Rapids, n.d.),
475. Although the Church at her core is always synod, her members
sometimes fail to live in accordance with her synodal character. This is
due to their spiritual immaturity and sinfulness. G. Kapsanis, E poimantike diakonia, 126-29.
Kapsanis cites several specific examples when this happens. One thus
becomes painfully aware of the need to harmonize ecclesiastical practice
at all times with the Church's theological prototypes.
[3] For a discussion of all these, see Bishop Pierre (L'Huillier), "Synodos," Threskeftike kai Ethike Engyklopaideia, 1st ed., vol 11 (Athens, 1962), 574.
[4] Kapsanis5 116.
[5]A.
Schmemann, 'The Idea of Primacy in Orthodox Ecclesiology," The Primacy
of Peter in the Orthodox Church (Gr. Britain: Faith Press, 1973), 41-45.
[6] Schmemann, 52
[7] J. Hajjar, "The Synod in the Eastern Church,'* Concilium 8, Pastoral Reform in Church Government (New York: Paulist Press, 1965), 58
[8] Hajjar, 59. In his monograph, Endemousa Synodos (Athens,
1971), V. Pheidas shows the synod specifically convened to elect a
bishop for the capital see of Constantinople to be the precedent for the
"endemousa" synod. Such synods date back to the period just prior to
the Second Ecumenical Council.
[9]
See canon 3 of the Second Ecumenical Council and canons 9, 17 and 28 of
the Fourth Ecumenical Council. For an historical account of the
honorary preeminence of the Church of Constantinople in the East, see
Metropolitan Máximos of Sardis, The Ecumenical Patriarchate in the
Orthodox Church, trans. G. McLellan (Thessaloniki, 1976), 80-252.
[10]
The main source of information regarding the administrative structure
of the Orthodox Patriarchates today comes from B. Tzortzatos, Oi vasikoi thesmoi dioikeseos ton Orthodoxon Patriarcheion (Athens, 1972).
[11] See Maximos, 80-252.
[12] Tzortzatos, 28-29.
[13] Tzortzatos, 31-32.
[14]In
more recent times, variations in practice have occurred with regard to
length of term of service on the Holy Synod, to procedure for assuring
full membership, and to number of members.
[15] Tzortzatos, 32
[16] Tzortzatos, 42-43.
[17] Tzortzatos, 68.
[18] Tzortzatos, 65.
[19]
The bishops of every nation must acknowledge him who is first among
them and account him as their head, and do nothing of consequence
without his consent; but each may do those things only which concern his
own parish, and the country places which belong to it. But neither let
him (who is the first) do anything without the consent of all; for so
there will be unanimity, and God will be glorified through the Lord in
the Holy Spirit," The Seven Ecumenical Councils, 596.
[20] Canons 37 of the Holy Apostles and 20 of Antioch.
[21] Tzortzatos, 68.
[22] Tzortzatos, 71.
[23] C. Papadopoulos, Istoria tes Ekklesias Antiocheias (Alexandria, 1951), 1033.
[24] Tzortzatos, 108.
[25] Tzortzatos, 126-27.
[26] Tzortzatos, 127-28.
[27] Tzortzatos, 128.
[28]
The general community council, like similar bodies in the other
patriarchates and autocephalous Churches, is more the result of
political motivation than it is the spontaneous expression of
ecclesiological consideration.
[29] Tzortzatos, 129-30.
[30] See the Acts of this council in Mansi, VII, 179.
[31] Cannon 36 of the Sixth Ecumenical Council.
[32] Tzortzatos, 141-2.
[33] Tzortzatos, 153-4.
[34] Tzortzatos, 156.
[35] In contemporary Greek practice, the protosyngellos is the chief administrative official of a diocese appointed by the bishop.
[36] Tzortzatos, 158-60.
[37]
At the time of the original writing of this study, the political
situation in the Soviet Union was very different from what it is today
in Russia. One can only hope that current liberalizing trends in that
country continue to bring with them harmonious church-state relations.
[38]Tzortzatos, 175.
[39] Tzortzatos, 176-77.
[40]
What was asserted with regard to current church-state relations in
Russia (see footnote 35), can also be said of Serbia and other formerly
Communist states.
[41] Tzortzatos, 206.
[42] Tzortzatos, 210.
[43] Tzortzatos, 211-12.
[44] Tzortzatos, 271-76.
[45] Tzortzatos, 279-80.
[46] Tzortzatos, 281.
[47] Tzortzatos, 281-83.
[48] Tzortzatos, 306-7.
[49] Tzortzatos, 323-28.
[50] Tzortzatos, 330-31.
[51] Tzortzatos, 332-34.
[52] Canon 19 of the Fourth Ecumenical Council.
[53] Tzortzatos, 335.
[54] Canon 25 of the Fourth Ecumenical Council.
[55] Canons 15 and 16 of the First Ecumenical Council, 21 of Antioch, 1 and 2 of Sardica, and 48 of Carthage (419).
[56] Tzortzatos, 339-40.
[57] Canon 34 of the Holy Apostles.
[58] Tzortzatos, 355-56.
[59] M. Anastos, '"The Transfer of Dlyricum to the Jurisdiction of the Patriarchate of Constantinople," Sylloge By iantina (Rome, 1957).
[60] B. Tzortzatos, Oi vasikoi thesmoi dioikeseos tes orthodoksou Ekklesias tes Ellados (Athens, 1977), 62-65.
[61]
The "new provinces" refer to the metropolitanates of the Ecumenical
Patriarchate in northern Greece annexed to the Church of Greece in 1928
following the liberation of that territory from Turkey.
[62] Tzortzatos, Ekklesias tes Ellados, 65-67.
[63] Tzortzatos, Oi vasikoi thesmoi, 70-73.
[64] Tzortzatos, Oi vasikoi thesmoi, 73-78.
[65] TZortzatos, Oi vasikoi thesmoi, 79.
[66]
See Hajjar, 'The Synod in the Eastern Church," 55-64, to which I am
heavily indebted for the material in this paragraph. In this article,
the reader will also find listed all the necessary sources from which
the information given comes.
[67]
The role of episcopal conferences in the Roman Church was much debated
at Vatican Π, and ultimately a compromise was reached. Accordingly, just
as the provincial and plenary (national, regional) synods or councils
had proper legislative authority but were obliged to have their decrees
reviewed by the Roman See, so too the episcopal conferences were
acknowledged as having true legislative authority (described as vis juridice obligandi). There
were, however, two limitations not imposed on synods or councils: (a) a
two-thirds vote is necessary; and (b) only matters or affairs
acknowledged as belonging to their competence can be discussed. These
areas were directly acknowledged by Vatican II and expanded in
postconciliar documents of implementation by Pope Paul VI. Many of them,
in fact, are mentioned in the 1983 Code of Canon Law, although in the
course of its preparation several areas of competence originally
enumerated were eliminated. The synod of bishops is of a very different
nature. Although "representative of the Catholic episcopate" (Pope Paul
VI) 5 it is consultative and becomes legislative only by papal mandate.
For a thorough account of all the above, see the collection of studies
in Thomas J. Reeves, Ed., Episcopal Conferences: Historical, Canonical and Theological Studies (Washington, D.C.: Georgetown University Press, 1989).
[68] Hajjar, 63-64.