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1

Zmiana przepisów wyznaniowych Konstytucji RP z 1997 r.

100%

Borecki P.

Studia Iuridica

|

2017

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vol. 72

71-86

PL

Possible change of religious regulations of the Constitution should take place in cooperation with churches and world-wide organizations. The legislator limits Poland’s international obligations to protect freedom and human rights in religious matters. The Concordat of 1997 is also a limitation. At present there is an unfavorable political situation for liberal changes. The most important changes should be to increase the protection of non-believers and philosophical organizations. The neutrality of public authorities in religious matters must also be better guaranteed. The beginning of the constitutional debate on religious issues, however, risks the change for the worse. This debate does not start.

2

Obsada godności Muftiego Muzułmańskiego Związku Religijnego a zasady Konstytucji RP

100%

Borecki P.

Studia Iuridica

|

2018

|

vol. 78

61-78

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.

3

Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego

100%

Borecki P.

Studia Iuridica

|

2016

|

vol. 66

41-60

PL

Today’s Europe is dominated by secular states. The principles of secular state in Europe are promoted by the diversity of religious and philosophical population, especially by the large percentage of the population of non-believers. The contemporary principle of secular state serves no longer to reduce the social significance of religion or religious organizations. Secular states frequently interact with religious organizations for general public scopes. A way of expressing the principle of secularism in constitutional acts is diversified – often it is necessary a complex analysis of the content of the constitution. The principle of secular state is directly expressed in Europe in the constitutions of approximately 14% of countries. State Secularism is frequently equated with the principle of separation between church and state. In Europe, however, there are countries that are exceptions to this rule. In total the formula of the separation between church and state is expressed in approximately 25% of European constitutions. Often this principle is expressed in the constitutions in a veiled form. As the most important feature of a secular state is considered the principle of the neutrality of the worldview. However, it is rarely explicitly expressed in the European constitutions. It spread rather by the constitutional court decisions and the statements of legal doctrine.

4

Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego

100%

Borecki P.

Studia Iuridica

|

2016

|

vol. 66

41-60

PL

Today’s Europe is dominated by secular states. The principles of secular state in Europe are promoted by the diversity of religious and philosophical population, especially by the large percentage of the population of non-believers. The contemporary principle of secular state serves no longer to reduce the social significance of religion or religious organizations. Secular states frequently interact with religious organizations for general public scopes. A way of expressing the principle of secularism in constitutional acts is diversified – often it is necessary a complex analysis of the content of the constitution. The principle of secular state is directly expressed in Europe in the constitutions of approximately 14% of countries. State Secularism is frequently equated with the principle of separation between church and state. In Europe, however, there are countries that are exceptions to this rule. In total the formula of the separation between church and state is expressed in approximately 25% of European constitutions. Often this principle is expressed in the constitutions in a veiled form. As the most important feature of a secular state is considered the principle of the neutrality of the worldview. However, it is rarely explicitly expressed in the European constitutions. It spread rather by the constitutional court decisions and the statements of legal doctrine.

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4 Borecki P.

Zmiana przepisów wyznaniowych Konstytucji RP z 1997 r.

Obsada godności Muftiego Muzułmańskiego Związku Religijnego a zasady Konstytucji RP

Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego

Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego