Pope Francis approved the new Order of Malta constitution and convened a general chapter

Pope Francis approved the new Order of Malta constitution and convened a general chapter


Pope Francis made a swift but deliberate decision to accept the Order of Malta’s new constitution, eliminate offices, create a transitional administration, and call a general chapter to support the change.

It had been clear for some time that the pope intended to ignore any opposition and implement the reforms of the order detailed by the persons he appointed to those positions, despite the advice of anyone who may disagree.

Pope Francis’s order of September 3 cannot, however, be summarily characterised as a “win” of the religious against the secular, with the latter being mostly represented by German protagonists.

That would be a simplistic interpretation of the facts.

At least in terms of its aims, the Sovereign Military Order of Malta’s reorganisation represents a more spiritual change.

While acknowledging the Order of Malta’s complicated reality and sometimes stormy past, the reform nevertheless had to be cautious not to undermine its autonomy.

The hierarchy of the Order of Malta consists of 48 connected groups as well as 48 priories.

In addition, the organisation has over 45,000 employees who are supported by approximately 100,000 volunteers. The budget for the order’s humanitarian programmes is reportedly $2,3 billion.

There are three classes of Knights in the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta, which is its full name in official documents.

The Professed Conventual Chaplains and Knights of Justice, sometimes known as Professed Knights, make up the First Class. The religious vows of poverty, chastity, and obedience are made by the Knights in this class. They are classified as believers.

Knights and Dames in Obedience, who pledge to follow their superiors and pursue Christian perfection in the spirit of the order, make up the Second Class.

The Third Class is made up of lay people who are dedicated to leading completely Catholic lives in accordance with the tenets of the order but who make no vows or obligations.

What, then, has changed with the Order of Malta’s new constitution? The language of the constitution, as well as discussions that were technically authorised by the pope but never publicly presented, were all made available to CNA. It also allowed for interviews with different knights and organisation members.

brand-new constitution

The 1961 Constitution, which is still accessible on the order’s official website, is reflected in the current constitution in several areas.

Both the language of the constitution and the code have been significantly expanded at the same time.

These additions imply significant adjustments to both the Order of Malta and associational life.

The pope and the Holy See are everywhere. Articles 6 and 14 state that the pope is a co-regulator. He is personally responsible to all Order of Malta members. The Order’s members had some autonomy under the previous constitution.

This significant distinction is discussed in the part devoted to the Grand Master’s oath.

The previous constitution, which was in effect until September 4, specifically stated that the Grand Master would take the oath “after having reported the election to the Holy Father.”

The newly adopted constitution states that “there is a requirement for confirmation of the election by the Holy Father.” Pope Francis endorsed it.

Grand Masters are now only chosen for a maximum of two 5-year periods, or until they are 85. They are no longer elected for life.

There is no longer a requirement that those who call themselves knights originate from aristocracy. Those pursuing a religious vocation must follow a path of spiritual development.

In the previous Constitution, “The first-class Knights and Chaplains profess their vows of poverty, chastity, and obedience in accordance with the Code’s standard, moving closer to evangelical perfection. They follow the specific rules that apply to them and are religious in all ways according to canon law.”

According to the new constitution’s list of obligations for members, the professed must “conform their lives to the spirit of the Gospel and the Magisterium of the Church according to the Charter Constitutional Code, strive for religious perfection, and dedicate oneself to the apostolic activities of the Order, bearing witness to Faith and Charity, mindful of their vocation and the obligations freely assumed before the Church and the Order.”

All of the organs of the Grand Magisterium are ruled by the professed. The “fundamental core of the Order” is, in accordance with article 49, comprised of professed knights.

Article 15 of the Code states that the Grand Master is the sole sovereign and that he has authority over all Order members, legal entities, and property. Article 184 of the Code also states that the Grand Master directs the work of the associations, admits lay members, and has the authority to suspend an association’s president.

But what about the Third Class of the Order of Malta, the lay members who do not make vows or commitments but are dedicated to leading a completely Catholic life in accordance with the tenets of the order?

They are acknowledged as “loyal tied to the Order” under the new constitution and the Grand Master may select them directly (article 87 of the Code).

more notable modifications

The national associations have undergone another big adjustment.

Previously, the Grand Master had ordered that they be built. Their laws were drafted to adhere to the internal regulations and laws of the individual states.

However, they are now required to follow canon law as well as the laws of their individual governments. A statement of accounts must be sent to the Grand Master under Article 196 by the president of the associations.

All posts in the organisations, including the council, must be held by knights of the first or second class of the order, according to article 49 of the new constitution.

In addition, the Council of the Organization will change from being a body of decision-makers chosen by the members to one directly governed by the Grand Master, who must confirm each member of the council and of the association.

The Grand Hospitaller oversees the work of the associations, including the execution of pastoral directives issued by the Council of the Professed; the Treasurer of the Grand Master oversees all of the Associations’ operations and creates a consolidated balance sheet. In addition, the Grand Master can direct an association using a commissioner.

The three evangelical counsels for poverty, chastity, and obedience created by the Code, which assess religious life, are still another innovation.

In actuality, the reform’s main goal is to elevate the Order of Malta’s spirituality. This is why numerous paragraphs allude to religious life. The pope talks to the Knights as if they were friars, and the Grand Master is practically similar to the head of a congregation.

On the surface, it would seem that one focus overshadows the other: membership is diluted in that the 37 professed—the sole members—are now just deemed to be collaborators with the 13,500 other members. Additionally, there is a transfer of accountability from the laity to the clergy.

However, the Order of Malta is both a secular organisation and an apolitical state. Although the Holy See gives sovereignty, the system of government must be autonomous in order to maintain diplomatic ties with 112 other countries. And this is the point when the Order of Malta’s authority is questioned.

Is sovereignty now lessened?

In his address to the diplomatic corps accredited to the Order of Malta in January, Fra’ Marco Luzzago, the Lieutenant of the Grand Master who died away unexpectedly this year, voiced the concern about potential diminished sovereignty.

Additionally, he emphasised that “an extraordinary general chapter will be called to endorse the reform after as much agreement as possible has been obtained on all the major problems.”

Even though the pope awarded Tomasi broad new powers to continue reform of the almost 1,000-year-old institution in October 2021, it seemed that there was still room for a thorough debate at the moment.

When the Order of Malta Chapter opted not to re-elect Jean-Pierre Mazery as the Order’s Grand Chancellor in 2014, the situation got started. Albrecht von Boeselager, who had served as the Order’s Grand Hospitaller, was chosen for the post as part of a shake-up in which none of the Italian members who had previously held important positions were elected again.

That change has far-reaching effects. In 2016, Cardinal Raymond Burke, the Order’s cardinal patron and the pope’s envoy to the Order, was present when Grand Master Fra’ Matthew Festing made the resignation request of Boeselager. The request was connected to stories regarding the purported condom distribution in Burma by Malteser International, the Order’s humanitarian organisation.

In the meantime, Grand Chancellor was named as Fra’ John Edward Critien. However, a number of knights disputed the ruling, claiming that Boeselager was not even Grand Hospitaller at the time and that the issue in Burma had been settled.

The pope made the decision to form a committee to investigate the matter. Finally, it was proposed that Fra’ Festing should resign in its place. Pope Francis named Cardinal Angelo Becciu, who was the archbishop at the time, as his special representative to the order on January 28, 2017, after the resignation.

After Fra’ Giacomo della Torre was named the Grand Master’s Lieutenant and Grand Master the following year, the Order started a reformation effort.

The death of Fra’ Dalla Torre on April 29, 2020, halted all development. As a result, Fra’ Giacomo Luzzago was chosen to serve as the Grand Master’s Lieutenant for a year with the possibility of extension. The pope, however, validated the Lieutenant’s appointment without placing any restrictions on it and, in the meantime, granted Cardinal Silvano Maria Tomasi, the new representative, unprecedented powers.

After Fra’ Luzzago’s untimely passing, the pope personally selected Fra’ John Dunlap as the Grand Master’s deputy. This most recent reform was carried out with him and Father Gianfranco Ghirlanda on the delegate’s side, forcing its ratification without going through a debate.

There were some tense moments when a new reform committee was appointed, but even this group’s contribution was eventually nullified.

A collection of organisations representing over 90% of the Order of Malta’s activity submitted a public plea to the pope on the eve of his final decision. This angered the Lieutenant of the Grand Master, who instead urged loyalty to the pope.

The fundamental question

Critics assert that the issue now isn’t the quality of the reform but rather whether or not the pope’s acts amount to abuse. According to the Cardinal Delegate’s team, the Order of Malta must be seen as a religious Order in every way and is thus governed by the pope.

However, the majority of the professed Knights are the only ones whose order is monastic. At the same time, its sovereignty continues to exist independently of the Holy See, enabling diplomatic connections with 133 States and humanitarian endeavours that are widely acknowledged.

How interested will a State be in preserving connections with the Order of Malta if it has bilateral relations with the Holy See?

But more importantly, even if the problem is technically settled, would it be feasible to avoid papal meddling in concerns of the order’s governance or will the autonomy of the order be irreparably harmed?

the purported Knights’ reform

It is an issue of principle, which extends beyond the fundamental question. Whether correctly or not, concerns about the Order of Malta’s financial management and corruption have been raised, and this might be linked to secular inclinations.

Therefore, it is necessary to revert to a spiritual perspective, dismantling current power structures and reviving a more “religious” aesthetic in the activities of the Order of Malta.

Let’s assume that these were the pope’s considerations. In such situation, it must be taken into account that a reform of the professed knights was required, but it was not required to affect the Order’s sovereign prerogatives.

Since the Knights had to sustain themselves and the times were no longer such in which their aristocratic families could have provided for them, the reform first addressed the vow of poverty, for which there was a pardon.

As a result, in order to uphold the vow of poverty, the Order had to place the professed in a position where they could devote their full time to helping the impoverished and ill within the context of the order’s charism.

The concept of Fra’ Giacomo Dalla Torre was to use the professed members of the order in a manner most suited to their skills and education. As an employee, he would be paid a wage and have access to social and retirement benefits. A lavishly endowed fund was to be established to supply the funding.

According to a source inside the Order, “Such a situation must come as a danger to any wealthy lawyer, architect, or teacher who, although nominally claiming poverty, in actuality up to date may stay in his previous conditions ad infinitum.”

Is the reform of the Pope the last reform to occur?

The reform of the order was motivated by the formal style of the recently elevated cardinal Gianfranco Ghirlanda, who brought everything within the purview of canon law. But is this a fundamental shift or only a means of preventing any actual change? Does the new order continue to be a solely religious institution controlled by a select few avowed, or will it be representative of all cases, including those of associations?

At this point, it is clear that there are many more factors to take into account and that the situation in the order cannot be reduced to a conflict between the religious wing and the secular wing. For instance, the meeting of the expanded working group to discuss the reform of the order was attended on January 25 by Riccardo Patern, head of the Italian Association of the Order of Malta. He had not, however, been given a position on the team.

In a letter circulated to all of the order’s top officials, Kristóf Szabadheg, president of the Hungarian association, refuted his presence.

Prior to the meeting on January 25, Pope Francis appointed Patern to serve as the order’s Grand Chancellor.

Fra’ Alessandro de Franciscis, a member of the working group, was also named Grand Hospitaller. Their selection to the interim administration raises the possibility that they contributed to the creation of the new constitution.

The General Chapter will choose the next Sovereign Council on January 25. All of the Order’s offices will thereafter be recreated after that.

However, there is still a chance that associations may choose to leave the order, retaining their liberty to carry out their charity activity and avoiding being regarded as religious groups.


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