Opinia prawna na temat poselskiej inicjatywy ustawodawczej w odniesieniu do ustaw regulujących stosunek państwa do kościołów i związków wyznaniowych
Legal opinion on the Deputies’ legislative initiative with regard to the laws governing the relations of the state with churches and religious organizations
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The opinion deals, in particular, with the relationship between the requirement (ensuing from Article 25 para. 5 of the Constitution) for a church or religious organization to conclude an agreement with the Council of Ministers, and the admissibility of such an initiative. The literal and systematic interpretations of the Basic Law prove that the Council of Ministers is not vested with an exclusive legislative initiative in this regard, so it is therefore permissible to submit a bill by a group of deputies. The author concludes that the admissibility of a legislative initiative in this regard is not dependent on the fact of signing the agreement, but only on the real possibility of its conclusion confirmed by the government and representatives of the religious community. Otherwise, such a bill should be considered to be contrary to the law. The author proposes that the procedure for dealing with laws on religious issues be regulated in the Standing Orders of the Sejm.
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