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Streszczenia artykułów z tomu 6 PPW

Michał Hucał

WPŁYW SĄDOWEJ OCHRONY PRAW CZŁOWIEKA NA KOŚCIÓŁ ANGLII NA PODSTAWIE HUMAN RIGHTS ACT 1998

IMPACT OF JUDICIAL PROTECTION OF HUMAN RIGHTS ON THE CHURCH OF ENGLAND ON THE BASIS OF THE HUMAN RIGHTS ACT OF 1998

The British Act on human rights of 1998 (Human Rights Act 1998) has introduced the chosen norms of the European Convention on Human Rights. Dynamic social transformations affecting the interpretation of the Convention caused fears within denominations, including the Church of England. The position of the Church was particularly ambiguous in terms of associations with the nation, which could lead to claim it as a public institution entrusted with certain responsibilities. In reality, this Act has not influenced the law and functioning of the Church significantly. It even created an opportunity for the Church and its members in the area of strengthening the protection of freedom of thought, conscience and religion. The precedented decision of the House of Lords was the first one of the fundamental importance and it excluded the idea of the Church as a public authority. The second relevant decision was the judicature of the European Court of Human Rights within the protection of denominations and responsibilities of clergymen.

Keywords: human rights, the Church of England, convention, autonomy, public authority, freedom of religion, privacy, marriage, discrimination, civil partnership, fair trial

 

Paweł A. Leszczyński

INSTYTUCJONALNO-POLITYCZNE ASPEKTY ŁADU ŚWIATOPOGLĄDOWEGO W POLSCE – GENEZA, TERAŹNIEJSZOŚĆ I PRZESŁANKI ZMIAN

INSTITUTIONAL – POLITICAL ASPECTS OF THE ORDER OF THE WORLD VIEW IN POLAND – GENESIS, PRESENT AND PREMISES OF THE FUTURE

Constitutional standardization of the order of the world view in the Republic of Poland is still only a programme formulation, respectively demonstrating regularity determined in the sociology of law with the use of dichotomic division into ‘law in theory’ and ‘law in practice’. Judicatures of the European Court of Human Rights in Strasbourg affect Polish discussions on a desirable model of the world view order and directions of transformations, for instance in the following cases: ‘Grzelak przeciwko Polsce’, ‘Lautsi przeciwko Włochom’. They have a relevant meaning for presentation of the standards of freedom of conscience and religion and also (in the lack of questioning the chosen ‘national’ models of relations between nation and religion) for some aspects of institutional relations between nation and denominations.

Keywords: Nation – denomination relations, the world view, the world view order, Catholic Church, the Constitution of the Republic of Poland

 

Bartosz Majchrzak

CHARAKTER PRAWNY WPISU DO REJESTRU ZWIĄZKÓW WYZNANIOWYCH

LEGAL CHARACTER OF AN ENTRY IN THE REGISTER OF RELIGIOUS ASSOCIATIONS

The subject of the below elaboration is the comment on the problem of a legal character of an entry in a register of churches and other religious associations, which comprises the sequence of actions of the Minister of Administration and Digitalization in the form of decision on the entry and annotation in register books. The author points out some doubts on the possibility of perceiving the above ‘decision’ as an administrative decision within the meaning of the provisions of the administrative code, and subsequently forms a view on a legal nature of that decision and the essence of making an entry in the register book by a certain religious association. The crucial element of consideration is the matter of a mechanism of causing legal effects by the analysis of registering body actions.

Keywords: an entry in the register of religious associations, administrative decision, a material and technical action, legal effects of an entry in the register of religious associations, an eligible administrative act

 

Grzegorz Maroń

BÓG W POLSKIM PORZĄDKU PRAWNYM

GOD IN THE POLISH LEGAL ORDER

The paper deals with the issue of God’s relevance in the Polish legal order. The study relates to examples of legal provisions that directly, i.e. literally, mention Deity. First, the author focuses on invocatio Dei in the Constitution of the Republic of Poland and in charters of local government’s units. Then he describes the institution of the public officers’ oath of office. Nowadays, as oppose to the interwar period, the oath’s text and form are secular, although a public officer can optionally complete his swearing-in with additional sentence “So help me God”. The voluntary nature of the act of invocation to God makes that both the principle of citizen’s freedom of conscience and religion and the principle of separation of church and state are respected. The issue of the witness’ oath is also raised and attention drawn to the need for amendments to the rules of court procedures, so that invocation to God be allowed during administration of a witness’ oath. De lega lata the given capability can be derived from article 53 of the Constitution. In addition, the article presents several others exemplifications of God’s name relevance in the law. In this diverse category on can point out legal provisions relating to public holidays, concerning the issue of stamps and coins, describing school curriculum or governing motto of the Polish Armed Forces (“God, Honour, Fatherland”), and furthermore, legal acts such as commemorative resolutions of the Sejm and Senat and numerous local legal enactments. There were also invoked relatively few court opinions containing remarks on God. The author concludes that the presence of the concept of “God” in the legal order is a sign of lawmaker’s responsiveness to citizens’ beliefs. Frequency of reference to God in the law and judicial argumentation could be regarded as a measure of the significance of the sacred for society. Complete removal of the term “God” from the law, in the sense of language of law, or more broadly from legal discourse can mean lack of respect for the belief system of some citizens. Discrimination is not confined to unequal treatment of certain groups of people, but also includes marginalization of symbols and emblems essential for these people.

Keywords: God, law, constitution, oath, religious symbols

 

Jerzy Nikołajew

DUSZPASTERSTWO MIGRANTÓW. WYBRANE ZAGADNIENIA PRAWA POLSKIEGO I KANONICZNEGO

PASTORAL CARE FOR MIGRANTS. SELECTED LEGAL AND CANONICAL ISSUES

The subject of these considerations touches upon the pastoral care of migrants in the legal and canonical terms. The author divided the paper into introduction, four substantive chapters and the conclusion. The first substantive chapter includes an attempt (yet not achieved) to define the concept of migrants on the basis of the issued church documents. The second part of the analysis contains observations on understanding of the essence of human migrations and especially of biblical figures in the Old and New Testament. The following most extensive chapter is devoted to the formation of migrants’ rights to special pastoral care throughout the history. At this point, the author has analysed most of the church regulations relating to the pastoral care for people on the move. In the fourth chapter, the author discusses the roles of various bodies responsible for the migrants’ right to special pastoral care. In the conclusion of the paper, the author highlights the importance of the pastoral care of immigrants in the performance of their subjective rights and the need to adapt the church regulations to the ever-changing reality.

Keywords: migration, migrants, pastoral care of migrants

 

Zbigniew Obracaj

USTRÓJ KOŚCIOŁA EWANGELICKO-AUGSBURSKIEGO W RZECZYPOSPOLITEJ POLSKIEJ

ORGANIZATION OF THE LUTHERAN CHURCH IN POLAND

The article presents the structure of the Lutheran Church in Poland, which is the oldest and largest Protestant religious denomination in Poland. The first chapter is devoted to the study of the central authorities of the Church: Synod of the Church, the Synodical Council, Consistory and the Bishop of the Church. Discussing this administrative level the Principal Internal Law of the Church norms were analyzed, but also it was needed to interpret other legal acts, since the powers of the central authorities reach even the level of the parishes and apply also to disciplinary issues. In the second chapter the status of the diocese was discussed, whose authorities interact with the realm of the administration of parishes. Following organs have been shown: the diocesan synod, the diocesan council and the diocesan bishop. In the case of those bodies attention was paid to their links with the parishes. Organs of diocese have far less rights in disciplinary matters in comparison with the central authorities of the Church. The last chapter was devoted to the level closest to the faithful of the Church – the parish. In the case of this administrative unit was presented the legal status of its organs: the assembly of the parish, the parish council, the parish ministers including the pastor, auxiliary pastor and pastor-administrator. There were discussed also optional bodies of the parish: the parish committee and council of subsidiary branch of the parish. At all administrative levels of the Church there were considered the various controlling committees as the inspection bodies. These study is the first detailed presentation of the organization of the Church in the XXI century.

Keywords: confessional law, the Lutheran Church in Poland, organization of the Lutheran Church in Poland, authorities of the Lutheran Church in Poland, internal law of the Church

 

Katarzyna Żur

OBRAZA UCZUĆ RELIGIJNYCH W POLSKIM PRAWIE KARNYM. WYBRANE ZAGADNIENIA PRAWNE

INSULT OF RELIGIOUS FEELINGS IN THE POLISH PENAL CODE. CHOSEN LEGAL ISSUES

The existing Penal Code of 1997 in the chapter XXIV entitled ‘Offences against Freedom of Conscience and Religion’ states that insult of religious feelings is a misdemeanour. Article 196 of the Penal Code states the following: ‘Anyone found guilty of offending religious feelings through public calumny of an object or place of worship is liable to a fine, restriction of liberty or a maximum two-year prison sentence’. The issue of insulting religious feelings may arouse many new controversies. Taking into account the current penalization of insulting religious feelings, it shall be considered under what circumstances such an offence of insult occurs. This matter is very controversial. There are groups which are either in favour or against this Article. However, during its analysis and consideration of all doubts, every case should be analysed individually.

Keywords: Religious feelings, insult of religious feelings, freedom of conscience and religion, Penal Code, constitution