Obsada godności Muftiego Muzułmańskiego Związku Religijnego a zasady Konstytucji RP

• Authors: Borecki, Paweł

Abstracts

PL

In the Muslim Religious Union there is a dispute over the establishment of the Mufti office. From 2016, a schism has arisen in this religious community. This situation is a source of challenges for the authorities of the state administration and the courts in the application of a number of principles of the 1997 Constitution of the Republic of Poland. There are principles: autonomy and independence of religious associations in their scope, legalism, legal certainty or confidence of citizens in the state and their rights. The legal status of the Union is based on anachronistic legislation: the Act of April 21, 1936, on the relationship of the State to the Muslim Religious Union in the Republic of Poland and the statute approved by the Council of Ministers by way of an ordinance of August 26, 1936. In practice, the Muslim Religious Association applies the 2009 internal statute. Religious authorities and courts try to remain neutral and not interfere in the internal dispute in the Muslim Religious Union. This is in line with the standards stemming from the judgments of the European Court of Human Rights and the constitutional principle of autonomy and independence of religious associations in their own rig However, there is a state of legal uncertainty. It is urgent to repeal the Act and the Statute of 1936. This can be done either by a Constitutional Court decision or by passing a new law on the basis of the Muslim Religious Union Agreement with the Council of Ministers.

Keywords

PL

Muslim Religious Union; Mufti; Constitution of the Republic of Poland; autonomy and independence of religious associations; religious freedom; Muzułmański Związek Religijny; Mufti; Konstytucja RP; autonomia i niezależność związków wyznaniowych; wolność religijna

• Publisher: Wydawnictwa Uniwersytetu Warszawskiego
• Journal: Studia Iuridica
• Year: 2018
• Volume: 78
• Pages: 61-78

Dates

published

2019-05-28

Contributors

author

Borecki, Paweł

Identifiers

DOI

10.5604/01.3001.0013.2138