Nowelizacja ustawy o stosunku państwa do Kościoła katolickiego w kontekście zasady bilateralności

• Authors: Walencik Dariusz

Title variants

EN

Amendments to the act on the relation of the State to the Catholic Church in the context of the bilateralism principle

• Languages of publication: PL

Abstracts

EN

While enacting and amending legal provisions on religiuos issues it is necessary to comply with the principle of bilateralism, resulting from Article 25 paragraph 4 and 5 of the Constitution. Under those provisions, relations between the Republic of Poland and the Catholic Church are defined by an international agreement with the Holy See and the laws. However, relations between the Polish state and other churches and religious associations are determined by the law enacted on the basis of agreements concluded by the Council of Ministers with their respective representatives. Recognizing the difference in the wording of Article 25 paragraph 4 and Article 25 paragraph 5 of the Constitution – the Constitutional Court in its ruling of 2 April 2003, case No. K 13/02 – expressed the belief that „the requirement of a prior agreement between the Council of Ministers and representatives of the church shall also apply to the laws regulating the relation of the State to the Catholic Church”. A similar position was taken up by representatives of law doctrine. Hence, their postulate that the wording of Article 25 paragraph 4 should be adjusted so as to standardize the procedure for the laws concerning the Catholic Church with the procedure regulated in Article 25 paragraph 5 which relate to other churches and religious associations, is legitimate. Therefore, without the prior agreement of the Council of Ministers with the representatives of the Catholic Church is not possible to adopt amendments to the act on the relation of the state to the Church, that would meet the standards set out in the Constitution and the concordat with the Holy See. In he current legal status, legal basis of the agreement concluded between the Council of Ministers and representatives of the Catholic Church in Poland should be the provisions of Article 25 paragraph 4 in conjunction with Article 25 paragraph 1 and 5 of the Constitution in conjunction with Article 27 of the concordat.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2011
• Issue: 2 (4)
• Pages: 36-48

Contributors

author

Walencik Dariusz

• Zakład Prawa Wyznaniowego Wydziału Prawa i Administracji UO