Autonomia kosciolow i innych zwiazkow wyznaniowych we wspolczesnym prawie polskim

• Authors: Pawel Borecki

Title variants

EN

THE AUTONOMY OF CHURCHES AND OTHER DENOMINATION IN MODERN POLISH LAW

• Languages of publication: PL

Abstracts

EN

The autonomy of the denominations, i.e. their right to make their own internal law (ecclesiastical law) and to govern it on their own, is well protected by Polish law. It is guaranteed by Polish Constitution (Article 25 paragraph 3), Concordat (Articles 1 and 5), the Act of 17th May 1989 on the Guarantees of conscience and religion (Article 19 paragraph. 2 point 4), and in relation to fifteen churches and other denominations there are individual legislative acts from the years 1928-1997. In the Polish legal system the principle of mutual independence of state law and ecclesiastical law is valid. Ecclesiastical law, as a rule, does not take effect in the state legal order, unless the State consents to it in an act or in an international agreement. In the event of any contradiction between the norms of ecclesiastical and state laws, the state law takes precedence over the ecclesiastical one. The existing law differentiates the denominations in the area of the state control over the execution of the rights to create internal law. The autonomy of religious communities registered in church and other denominations records is more limited than the autonomy of the denominations acting on the basis of individual acts. These denominations are not even obliged to inform the central Civil Service about their internal legislation. Polish law does not precisely define the scope of the autonomy of religious communities.

Keywords

EN

CHURCH AND STATE RELATIONS; THE AUTONOMY OF CHURCHES AND OTHER DENOMINATIONS; THE AUTONOMY OF THE DENOMINATIONS’ LAWS; THE INTERNAL LAW OF THE DENOMINATIONS; THE RELATIONS BETWEEN CHURCH AND STATE; THE RELATIONS BETWEEN STATE AND ECCLESIASTICAL LAWS; THE SEPARATION OF CHURCH AND STATE

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: LexisNexis Polska Sp. z o.o., Warsaw, Poland
• Journal: Przegląd Prawa Publicznego
• Year: 2012
• Issue: 4
• Pages: 7-23
• Document type: ARTICLE

Contributors

author

Pawel Borecki

• Uniwersytet Warszawski, Wydzial Prawa i Administracji, Katedra Prawa Wyznaniowego, ul. Krakowskie Przedmiescie 26/28, 00-927 Warszawa

Identifiers

CEJSH db identifier

11PLAAAA108513