Polskie orzecznictwo w perspektywie wyroku w sprawie Masterpiece Cakeshop

• Authors: Mirocha Łukasz

Title variants

EN

A Recent Polish Case Law in the Masterpiece Cakeshop Case Perspective

• Languages of publication: PL

Abstracts

EN

The article delivers some critical remarks on recent judgements of Polish courts concerning the so called Lodz printer case. The author attempts to apply ratio decidendi form the US Supreme Court holding in the case of the Masterpiece Cake shop in the circumstances of the Polish case, and evaluate the approach of Polish courts from this perspective. The reasoning provided by Justice Kennedy in the Masterpiece Cakeshop opinion seems convincing and universal in the field of equality v. religious freedom controversies, which makes it a proper guidepost in the examination of disputes such as the Lodz printer case. From the presented point of view, Polish judgements occur as justified in not a very elegant manner, however they seem to be correct eventually. Detailed remarks raised against those judgements concern among others the issue of the interpretation of applied regulations of the Polish Code of Petty Offences and the Polish Civil Code. The Polish Supreme Court’s approach to the interpretation of demands ostensibly stemming from relevant human rights provisions is also questioned.

Keywords

EN

private discrimination; gay rights; religious freedom; conscience clause; liberty v; equality; case of the Lodz printer

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2018
• Issue: 2 (46)
• Pages: 65–77

Contributors

author

Mirocha Łukasz