The intrepid Andrea Tornielli is reporting that, well… here it is in my quick translation:
In the next weeks there will be published a document of Benedict XVI which will reorganize the competences of the Congregation for Divine Worship entrusting to it the task of promoting a liturgy more faithful to the original intentions of the Second Vatican Council, with less room for arbitrary changes and for the recovery of a dimension of greater sacrality.
The document, which will have the form of a Motu Proprio – it was reviewed by the Pontifical Council for the Interpretation of Legislative Texts and the Secretariat of State – was motivated mainly by the transferance of competence concerning marriage cases to the Roman Rota. This deals with cases of so-called “ratum sed non consumatum”, that is, regarding marriage which takes place in church but isn’t consummated due to lack of carnal union of the spouses. There are about 500 cases a year, and they epsecially from Asian countries where there still exist arranged marriages with girls of a very young age, but also in Western countries for cases of psychological impotence in fulfilling the sexual act.
With the loss of this section, which passes to the Rota, the Congregation of Divine Worship will not longer be concerned with sacraments and will maintain only its competence in liturgical material. According to some authoritative leaks a passage in the Motu Proprio of Benedict XVI could cite explicitly the “new liturgical movement” of which Antonio Card. Cañizares Lloverahe spoke recently during a speech at the consistory last November.
If and when the Congregation is reorganized by Pope Benedict, it may be that it will bear a different name because of all this.
Remember that the Congregation for Divine Worship and Discipline of the Sacraments focuses on the proper celebration of the rites of Holy Church and deals with some other matters having to do with sacred things and places. When Tornielli writes, above, that the Congregation will no longer deal with sacraments, he is talking about validity. In most matters the Congregation for the Doctrine of the Faith determines whether sacraments in concrete cases were valid or not. This matter of marriages which were “ratum non consummatum” seem not to need the competence of the CDF, perhaps because of the procedure used to handle the cases. “Ratum non consummatum” indicates that there was a marriage but that it was not made permanent, for life, because it was not consummated. It isn’t strictly a matter of whether or not there was a valid sacrament that could not be “undone”, as it were. This is why, I think, it will go to the Rota not the CDF or CDW.
At the Il blog degli amici di Papa Ratzinger there is a text of interest:
A provision of the Pope which will change the Congregation for Divine Worship is coming. After a leak in the press, the Vatican spokesman Fr. Federico Lombardi clarifies: “It is true that a Motu Proprio has for a long time been under study to arrange the transferral of a technical-juridical competence – as, for example, the dispensation for marriage ‘ratum sed non consummatum’ from the Congregation for Divine Worship to the tribunal of the Sacred Rota. But there is no foundation or motive to see in this an intent to promote a control of a ‘restrictive’ type, by the Congregation in promoting a liturgical renewal desired by the Second Vatican Council.”
Tornielli fired back on Il blog degli amici di Papa Ratzinger (my translation):
In my article I didn’t dare speak of a “reform of the reform” because I know it is a subject that produces hives at its very mention.
Tornielli goes on to remind readers about his interview with Card. Cañizares.