PRAWO WYZNANIOWE W PRAKTYCE III RP (zagadnienia wybrane)
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Date
2006
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Wydział Prawa i Administracji UAM
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LAW ON RELIGIOUS DENOMINATIONS IN POLAND AFTER 1991
Abstract
The paper focuses on the analysis of the legal regulations governing the relations between the
state and the church in Poland. Today, the constitutional regulations regarding the widely understood
denominational issues are regarded to be a constitutional matter. This means that each constitution
must contain at least those fundamental laws that regulate the individual sphere
(freedom of conscience and freedom of religion) and the institutional (collective) sphere, the subject
of which are the provisions regulating the state-church relations. It is recognised that only when
those two are combined the constitutional matter regarding the religious denominational sphere is
exhausted.
The denominational matter, apart from the fact of being an obligatory element of each modern,
comprehensive constitution, is also that fragment of its provisions which is always a controversial
issue, both during the legislative process, and subsequently, when the law is to be
implemented or executed. The most controversial issues in Poland (either when it comes to their legal
articulation or practical application) include the general rule of equal rights granted to every
denomination; the principle of independence and autonomy of the state and church; and the
consensular form of relations between the state and churches other than the Roman Catholic
Church.
The controversies which occur are the best indication how sensitive the issue of religious denominations
still is in Poland. The example of the law on religious denominations in Poland shows
best, at least at the constitutional law level, that the so called constitution in book is often very far
from the constitution in action.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 1, s. 93-109.