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EQUALITY OF RELIGIOUS DENOMINATIONS IN POLISH LAW

100%
Borecki P.
Myśl Ekonomiczna i Prawna
|
2007
|
issue 2(17)
86-129
EN
The aim of the paper is to show constitutionalization of the principle of equality of religious denominations in Polish law of the 20th and the beginning of the 21st centuries, to examine the degree of realization of this norm in contemporary Polish law and to present the evolution of interpretation of this principle in the Polish doctrine of law since 1918. In his paper the author mostly uses a formal and dogmatic method together with a legal and comparative method. He also, to a limited extent, makes use of a historical and legal method. As a result of the conducted research the author concludes that the principle of equality of religious denominations has been directly expressed in the Polish legal system since 1989. In 1997 it also gained a status of the constitutional norm. Functionality of constitutional and legislative norms regulating the equality of religious denominations is limited. This principle, however, is not ignored by the legislator and influences legal regulations concerning the traditional or the largest non-Roman Catholic Christian churches. The contemporary Polish law reflects opposing tendencies in this respect. The legislative tendency whose aim is to provide all religious denominations with the same rights overweighs the trend leading to giving privileges to some of them. The reality of religious relationships in Poland is in accordance with the standards of interpretation of equality of religious denominations functioning in secular European democratic countries.
2

REMARKS CONSOLERING; 'THE POLISH CONFESSIONALS LAW' BY FATHER JOZEF KRUKOWSKI - CRITICAL ARTICLE

100%
Borecki P.
Studia Prawnicze
|
2005
|
issue 3(165)
137-149
EN
'Polish Confessional Law' by Father prof. Józef Kurkowski - a celebrated authority on Polish confessional law - is the second edition of this handbook which is the commentary on certain regulations to the law in force. The construction of the book has not been changed, however, a completely new final chapter concerning the confessional law in EU has been added as a supplement The content of the book is well arranged and intelligible. The most important issues are pointed out and then developed. The author has kept the systematical and methodological order. The content of the book is visibly influenced by the author's confessional membership and professional experience. From time to time Father Kurkowski appeals to the Catholic religious doctrine. What is more, he makes a clear gradation of denominations and writes mainly about the Catholic Church. 'Sects' are presented negatively and rather unilaterally. Unfortunately, the picture of the religious relations in Poland in the times of the First and Second Polish Republic is not complete. The thesis presented in the book that the Catholic Church has got public juridical personality is not valid. Besides, Father Kurkowski only mentions the explanatory Declaration to the Concordate from 1993. He does not present the practice of the religious relations in contemporary Poland - in the quasi-confessional country. 'Polish Confessional Law' is the synthesis which is generally essentialy correct in its content and undoubtedly has got a lot of didactic values. Nevertheless, there are some crucial concealments as the book too clearly reflects a specific point of view of the author, a person deeply engaged in the activity of the biggest Church in Poland.
3
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THE ORIGINS OF THE CONSTITUTION OF THE POLISH PEOPLE'S REPUBLIC OF 22 JULY 1952

100%
Borecki P.
Przegląd Sejmowy
|
2007
|
issue 5(82)
75-87
EN
The subject of the creation of the Constitution of the Polish People's Republic is not yet sufficiently examined. This is because the most important and crucial decisions on the content of the future constitution were taken by a select group which included state and party leaders of the Polish People's Republic. Having taken power in Poland, the Communists arbitrarily rejected the April 1935 Constitution, and declared that the March (1921) Constitution is in force. The official work on constitution that took place between May 1951 and July 1952 within the Legislative Sejm, as well as in its Constitutional Committee and subcommittee, was a phoney activity. Its purpose was, above all, to give the appearance of legality and social acceptance to the decisions taken outside parliament, or even outside Poland, in the Soviet Union. In order to improve social acceptance, a public debate on the constitution was held between January and April 1952. The debate had, in fact, a proclaiming nature. The contents of the draft of a basic law was determined, most of all, by the leaders of the Polish United Workers Party (PUWP) and two commissions of the Secretariat of the Central Committee of the Communist party existing from June 1949 to March 1951. Moreover, Stalin himself exerted influence directly on some provisions of the constitution inserting (probably in early autumn 1951) around 50 corrections into its text. The contents and origins of the Constitution of the Polish People's Republic show that it was intended to confirm the systemic transformations which were taking place since 1944. The Constitution was one of the last basic laws adopted in the countries of the Soviet bloc in Europe after WW II. Its was consistent with the Stalinist concept of the basic law as the so-called constitution of balance. The circumstances of the creation of the Constitution of 1952 proves that at that time the Polish state lacked democracy and sovereignty. This constitution was, in fact, imposed on the people by the then policy-makers from the PUWP, under the supervision of Stalin.
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