Synods and Synodality in the Austrian Church after the Second Vatican Council

Synods have a long tradition in the ecclesiastical history, though their significance varied in different epochs of the Roman Catholic Church. Within the European area, synods gained in importance after the Second Vatican Council, although they appeared in a new or rather modified form. This also applies to the diocesan synods and the Austrian Synodal Process (1973/1974), which took place after and has been celebrated by the supporters of the Second Vatican Council.

1. Impulses of the Second Vatican Council regarding church law applicable at the time A glance at the texts of the Second Vatican Council reveals the intention to revive synodal structures 1 (cf. Art. 36 Abs. 1 VatII siarum). That kind of "theological characterisation is," as Hubert Müller mentions "of particular importance, because it forms the basis for ecclesiastical discipline on the one hand and for participation and joint responsibility at all levels on the other hand." 7 The new view of the Church formed by the Second Vatican Council requires participation of all the people, in other words: of all the faithful in processes of decision making. The laity as members of the Church can and must not be excluded. Karl Rahner even mentions that "it is dogmatically possible to give an actual right of decision making binding Bishops Conferences as well as each bishop to Synod as such." 8 According to the view of the Church of CIC 1917, "the bishops build the second pillar of ecclesiastical constitution willed by God just behind the Pope, who carries full and supreme power over the entire Church (c. 218 connected with cc. 108 § 3, 196)." 9 However, Norbert Witsch also mentions that there is a "varied network of synodal processes and institutions within the old CIC." 10 That CIC/1917 with its regulations on diocesan synods (cf. cc. 356-362 CIC/1917) and plenary-as well as provincial-councils (cc. 281-292 CIC/1917) as applicable law at the time was the basis for the Post-Conciliar Diocesan Synod as well as for the Austrian Synodal Process. 11 There could and can only be a plenary council if "the Apostolic See gives its authorisation" (c. 439 § 1 CIC/1983). As Stephan Haering critically remarks, "it is clearly noticeable that the development of national-ecclesiastical tendencies was supposed to be disabled by that regulation." 12 2. The Austrian Church after the Second Vatican Council Paul M. Zulehner remarked in 1974 that "Austrian ecclesiasticism has been exhausted during the last decades," 13 and that this process, which is indicated by a decline of church attendance, the increasing numbers of those leaving the Church and the decrease of ordination numbers, continues. He also calls attention to the fact that traditional forms of ecclesiasticism turn out to be exhausted not only at the margins of the Church. They evaporate within Her pivotal segments, too. "The Austrian Church faces this evaporation with a certain feeling of perplexity." 14 Richard Barta, the managing editor and the director of Austrian Catholic news agency Kathpress, evaluated the religious situation in Austria to the effect that: "[…] the Church lives in those people who do not have any objections against it." 15 Following the end of the Second Vatican Council, the desire for convocation of an Austrian national synod arose. 16 19 So, the Austrian Church was the second one, just after the Dutch Church, to have given "thought on a National Synod." 20 The Austrian Church kept an eye on various synodal processes taking place in European countries: the Pastoral Council of Dutch Church (1968)(1969)(1970), the Common Synod of German Dioceses (Würzburger Synode, 1971-1975, 21 the Synod in Switzerland (Synode 72, 1972-1975 as well as the Pastoral Synod of Ecclesiastical Verges in GDR (1973GDR ( -1975. In this process, the Würzburger Synode as well as the other assemblies were "new constructs regarding the canon law, since participants from all ecclesiastical classes took part in the discussions on an equal footing." 22 For the first time, Cardinal König officially brought up the plan of a Vienna diocesan synod during the Diocesan Men's Day in Wiener Neustadt (15 May 1965) and he reiterated this suggestion the night before the fourth session of the Second Vatican Council (13 September 1965) on broadcasted on television. "From Rome he gave the order to offices of pastoral care and the Catholic Action to make proposals on an Austrian National Synod." 23 However, a consensus could not be reached during the spring meeting of the Austrian Bishops Conference (29 March 1966) and indeed the Austrian bishops spoke out against a nationwide Austrian Synod. 24 Instead, the Austrian Church opted for the convocation and assembling of diocesan synods.
As a consequence, seven (Salzburg, Wien, Linz, Eisenstadt, Gurk, Innsbruck, St. Pölten) of the now nine Austrian dioceses celebrated diocesan synods 25 : Salzburg (1968), 26 Wien (1968 27 ; Gurk/Kärnten (1970), 28 Linz (1970), 29 Innsbruck (1971), 30 St. Pölten (1971 31 Diözesansynode 1971. Klagenfurt o. J. (1975. 29 Sekretariat der linzer Diözesansynode (ed.): Kirche um der Menschen willen. Linzer Diözesansynode 1970. 2 Vols. Linz o. J. (1973. 30  Diocese of Innsbruck (6 August 1964) 33 was made while the Second Vatican Council was still ongoing and the alignment ended with eight votes against and fourteen for the motion. Bishop Rusch confirmed the decision, which was not acknowledged by all of the members due to its close voting result. Nevertheless, "Tyrol had made a mark" 34 with their Diocesan Synod in 1971/1972. Styria and Vorarlberg did not decide to call a diocesan synod. Even though the Diocese of Graz-Seckau prepared a Synod after the first Diocesan Synod in 1960, 35 the change of the Bishop in 1968/1969 averted its convocation. The Diocese of Feldkirch has only been founded as an autonomous diocese in 1968, 36 which meant it was too early for their own synod. Finally, diocesan synods had the "advantage to involve wider circles of faithful than it may have been possible in the case of a national synod." 37 In addition, diocesan synods provided an opportunity to learn in the view of a prospective national synod. Problems occurred on the part of large bodies and related to the question whether a theological background of the participants is necessary and by a wrongly rated time exposure. 38 The genuine innovation of diocesan synods after the Second Vatican Council related to the legal participation of the laity. Since CIC/1917 did not foresee their participation, a special permission issued by the Apostolic See was required. It permitted the participation of the laity under certain circumstances 39 whereby the relation between them and representatives of the clergy increasingly became the focus of attention. After the Apostolic See "initially allowed participation for the laity as fully entitled attendants, it restricted their participation to the extent that the number of lay persons must not exceed the number of priests. This reaction is seen as an almost fearful to certain calls for co-determination." 40 However, the restriction did not come from Rome, but from individual diocesan bishops. 41

The Austrian Synodal Process in 1973/1974
As diocesan synods covered different areas and since the preparations along with the processes themselves revealed individual sectors exceeding the responsibilities of particular dioceses, the desire arose "to search for supra-diocesan coordination as far as possible." 42 As the person reporting it noted: "The different results of diocesan synods and the advantages of solving some problems -e.g. those regarding mass medianationwide, convinced the bishops of the necessity to hold a common 'umbrella-synod' as a synopsis and conclusion." 43 The conference should not be held as a national council, but as a separate conference, which initially was named Gesamtösterreichischer Synodaler Vorgang and eventually called Österreichischer Synodaler Vorgang (ÖSV) -Austrian Synodal Process (ASP). It is impossible to file the ASP to CIC/1917, which was applicable at that time. 44 Generally, naming as well as the intended process proved challenging and the thought of synods continued to have an effect for a long time. Thus, ASP was called "Österreichsynode" consistently during the preparations as well as during the process. According to 39 These concessions were made in "anticipation of the reforms of CIC." Cf Church law, ASP was no plenary council as scheduled by CIC/1917, and thereby "was protected against the Roman access." 45 Subordination to the Apostolic See was not requested and a "ecclesiastical vital process" should be "stressed and inspired." 46 Implementing the ASP was decided on 1 July 1970 by the Austrian Bishops Conference. Its inaugural meeting was on 7 March 1973 in Vienna, where also the first plenary session from 15 to 28 October 1974 took places. Likewise, the second plenary session, which has at once been the conclusion of ASP, took place from 1 to 5 May 1974 in Vienna. ASP was staged simultaneously with other common synods as the Würzburger Synode in Germany (1971)(1972)(1973)(1974)(1975), 47 the Niederländische Pastoralkonzil (1966)(1967)(1968)(1969)(1970), 48 the Synod 72 in Switzerland (1972) 49 and the Pastoral Synod of Jurisdiktionsbezirk in the GDR (1973)(1974)(1975). 50 From among 50 proposed topics, which had been formulated by the Austrian dioceses ex ante, four were selected: "Carriers of Ecclesiastical Service," "Church in Present Society," "Formation and Education" and "Church and Mass Media." The ASP was problematic in no way and it was evaluated differently. This applies not only to its reception and its particular impact on religious life in Austria, 45 (1972)(1973)(1974)(1975)." In: Unverbindliche Beratung (FN 44),pp. 127-143. 50 See also S. Holzbrecher: "Die ostdeutsche Pastoralsynode in Dresden (1973)(1974)(1975). In: Nationalsynoden (FN 24)," pp. 77-100; D. M. Meier: "Das Statut der Pastoralsynode der Jurisdiktionbezirke in der DDR." In: Unverbindliche Beratung (FN 44)…, pp. 105-120. but also to preparations, topics, and corresponding legal perspective. Even if the participating bishops could be characterised very differently, there was a common agreement that the bishops themselves as well as the Austrian Bishops Conference as such thwarted, obstructed, and prevented the process in many ways. Many votes and advices had not been forwarded to Rome. Within the "establishment" of the Austrian Church there were tendencies to stay closed to the proposed reforms. The contemporary Austrian Church suffers from the ramifications of these events until today. Rarely decisions regarding structural changes and participation of the laity were made enforceable. Despite brave advices the then "hot potatoes" remained as such until today. All in all, the ASP is considered positive due to some its decisions and later implementations.

Diocesan Synod and Plenary Council in CIC/1983
and other synodal processes in the Austrian Church CIC/1983, the code of canon law entered into force in 1983, provides for diocesan synods (cf. cc. 460-468 CIC/1983) and particular councils (cf. cc. 439-446 CIC/1983). 51 As Joseph Listl mentions, some German diocese attempted to "enhance the goal of Diocesan Synod by non-legislatively Diocesan or Pastoral Panel" 52 since 1992, which is to be considered from various perspectives. Is it an expression of neither the will of individual diocesan bishops not being bound to the guidelines of CIC/1983 nor of a resignation regarding those bishops, who do not call for diocesan synods any longer due to the fact that its votes and results are not taken seriously?
The instruction of the Congregation for Bishops and the Congregation for the Evangelisation of People (19 March 1997) 22. Februar 2004. No. 175, p. 236, to be found at: http://www.dbk-shop.de/media /files_public/orkqynbvby/DBK_2173.pdf (accessed 5.02.2020), emphasises it is "preferable to comply the substance of the canoncial law regarding Diocesan Synods as well as those instructions servatis servandis concerning panels or other ecclesiastical assemblies of synodal nature." Cf. H. Hallermann: Direktorium für den Hirtendienst der Bischöfe. Übersetzung und Kommentar (= KStKR, Volume 7). Paderborn-München- Wien-Zürich 2006, p. 217. tion and tightening in guidelines concerning the implementation of diocesan synods. Therefore, admission criteria are clearly identified: besides firm belief, good manners and prudence canonic life situation is an imperative precondition for participation. 53 If implementation of diocesan synod is given to the sole responsibility of diocesan bishops, the bishops are claimed in a particular way. After the ASP, there were four assemblies not celebrated as diocesan synods: Diözesantag of Erzdiözese Salzburg 1978, Diözesanforum of Erzdiözese Wien 1988-1992, Diözesanforum Innsbruck 1993, Diözesanforum Salzburg 1996 of them were Diocesan Penal. The Diocese of Innsbruck also decided to hold a Diocesan Penal (1993)(1994)(1995) 54 to discuss especially the following topics: "living Church in a parish," "regional pastoral-and personal planning," "marriage and family," "living with person with disabilities and the terminally ill," "women in the Church," "divorcees and divorced and remarried," 55 "homosexuals and faith," "youth," as well as "emulating bishops" 56 and "Solidaritätsfonds der Diözese Innsbruck zur Förderung von Projekten für und mit schwervermittelbaren Arbeitslosen." Yet, Klaus Egger remarks in 53 Cf. Congregatio pro Episcopis, Congregatio pro Gentium Evangelizatione: "Instructio De Synodis dioecesanis agendis et Additamentum ad instructionem de Synodis dioecesanis agendis, II 3, 1°, referring to c. 512 § 2 CIC/1983." In: AAS 89 (1997) Innsbruck 1993-1995. Innsbruck o. J (1995. 55 Cf. Diözesanblatt. Amtliche Mitteilungen der Diözese Innsbruck, 77. Jg., Mai / Juni 2002, No. 3, TOP 32, p. 4. 56 According to this, the Diocesan Panel addresses a request "to the Apostolic Nuncio in Austria to consider the hopes, wishes and requests of particular churches by ordering bishops henceforth for the purpose of Can. 377 § 3." 1989 that Tyrolian Church "currently changed even more than within many decades before," 57 since 1995 there has been no further diocesan synod or panel in Innsbruck. Similar considerations apply to the other Austrian dioceses. Entirely the Militärordinariat in Austria dared to hold a Diocesan Synod. 58 Convocation of a diocesan synod by Military Bishop (30 September to 4 October 2013) exemplifies his will to count on joint responsibility of military chaplain and the laity. 59 The Diocese of Brixen-Bozen as well as the Diocese of Trier called for diocesan synods to take the right steps into future. Kardinal Schönborn (Archdiocese of Vienna) initiated a process called APG2010 to account for the challenges the Archdiocese faced around the turn of the millennium. The "Dialog für Österreich," which was audaciously commenced in 1998 and should be taken as a nationwide forum for discussion, "fell victim to machinations of the church politics." 60 Nevertheless, there were further development processes in the Austrian dioceses.

Conclusions
Despite all discussions and criticism, diocesan synod and panel in Innsbruck initiated, due to urgent questions and appropriate votes, a lot of things shaping the diocese to this day. This also applies to other celebrated Austrian Diocesan Synods after the Second Vatican Council and to the APS. Currently, there is further erosion of consciousness and life in faith. Furthermore, the Austrian Roman Catholic Church faces such problems as the lack of priests and the large number of people leaving the Church. There are still many unaddressed topics in the past years still requiring solution. Therefore, the question remains if it is time for new synodal assemblies in Austria or if it is necessary to initiate a bigger process like the German "Synodaler Weg" (The Synodal Path). 61 Due to the awakening instigated by Pope Francis regarding questions of transmission of faith, ecclesiastical structures, and togetherness as well as those issues which trouble the faithful today, 62 the call for further processes becomes urgent.
If a certain awakening is mentioned today, 63 the spiritual and religious awakening is meant as well as the one concerning ecclesiastical structures, forms of parish activities, time for actual pastoral care, new approaches to faithful. Those challenges require bold rethinking, new consulting processes and, in case of some issues, also a new regulation of law. There is much hope related to Pope Francis. In his speech on 17 October 2015 he emphasises synodality as the one way "God expects from his Church of the third decade." 64 The current situation of the Austrian Church necessitates a new Austrian Synodal Process fifty years after the previous one. But a prerequisite for such a process is courage, openness, and willingness to search for ways for a sustainable Austrian Church. Therefore, one could learn by the experiences of ASP 65 and later Process of Dialogue. But it is also necessary to read the signs of the time already mentioned by Pope Francis in Evangelii Gaudium 66 : the lack of priests, the dwindling interest in the Church, the people leaving the Church, the necessity to integrate the laity -especially women -into executive positions, the reorganisation of pastoral structures, the question of the Church's grasp for the concerns, fears, and aspirations of the people. Francis point to the signs of hope when he emphasises in Amoris Laetitia that divorced and remarried people can "receive sacramentary help in certain cases," so that the access to the Sacrament of the Eucharist is not sweepingly sealed to those anymore. 67 The eyes of the universal Church were directed towards Vatican from 6 to 27 October 2019, where cardinals, bishops and experts conferred about "new ways for the Church and a holistic ecology" in Amazon region. Special emphasis was placed on priestly ordination of married men. 68 A new order on the formation of priests 69 and one for theological faculties (Veritatis Gaudium) 70 has been adopted previously. In doing so, Pope Francis opened up to questions concerning the Austrian Church for more than 40 years. The Austrian Church is bound to face Pope Francis' request for reforms, whereby the texts and advices of the Second Vatican Council are still able to stimulate the process, even if the Council is a thing of the past for many people.