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Streszczenia artykułów z tomu 7 PPW

Katarzyna Krzysztofek

ZWIĄZEK POMIĘDZY WYZNANIOWYM CHARAKTEREM PAŃSTWA A UPRAWNIENIAMI PRACOWNIKA W ŚWIETLE KODEKSÓW PRACY WYBRANYCH KRAJÓW ZATOKI PERSKIEJ

THE RELATIONSHIP BETWEEN THE DENOMINATIONAL CHARACTER OF THE STATE AND THE EMPLOYEE RIGHTS IN THE LIGHT OF LABOUR CODES OF SELECTED GULF COUNTRIES

The aim of the article is to show how the religious character of the state affects the scope of workers’ rights; how the state law provides employees – the followers of a state church – with the ability to implement religious duties. There were analyzed labour codes of five Gulf countries – Saudi Arabia, Bahrain, Qatar, Kuwait and the United Arab Emirates, which are the countries with the strictest degree of relationship between church and state and which are based on Sharia law. The labour law provisions were analyzed to present how they are adapted to the religious requirements that the Muslim employee must meet. There were analyzed the question of the relationship of working time (breaks, weekly day off from work, a catalog of public holidays, reducing working hours during ramadan) and the employee holiday entitlements (the right to leave the deliberately granted for the fulfillment of the obligation of a Muslim – the main hajj pilgrimage) and the exercise religious duties by an employee who belong to a state church. In conclusion, the thesis have been proven that the labour law provisions in these Muslim countries have been adapted to religious requirements of a state church and the performance of work does not interfere the followers of Allah fulfill their religious obligations.

Keywords: denominational states, the Gulf countries, labour law, public holidays, breaks at work, the right to leave

Wojciech Góralski

WZAJEMNE RELACJE KOŚCIOŁA KATOLICKIEGO I PAŃSTWA W KONWENCJI MIĘDZY STOLICĄ APOSTOLSKĄ I REPUBLIKĄ GWINEI RÓWNIKOWEJ

MUTUAL RELATIONS OF THE CATHOLIC CHURCH AND STATE IN THE CONVENTION BETWEEN THE HOLY SEE AND THE REPUBLIC OF EQUATORIAL GUINEA

In democratic states religious freedom – in all its dimensions – is protected, first of all, by state legislation: both the constitution as well as appropriate acts. Frequently, however, in order to grant legal regulation pertaining to these matters more stability, the state reaches for well practiced legal instruments in the form of an international agreement (concordat) with the Holy See.

The subject of this study are the mutual relations of the Holy See and the Republic of Equatorial Guinea specified in the agreement concluded on 13 November, 2012 between these entities (ratified on 25 November, 2013). Presenting its genesis, the premises of the decision (including 19 articles and an additional protocol), the author first discusses the guarantee of religious freedom granted to the Catholic Church in an individual dimension and then analogical guarantees in an institutional and community dimension. It underlines that the principle of religious freedom is visible in all assurances granted to the Church by Equatorial Guinea, therefore in the scope of teaching, consecrating and providing pastoral service. It, at the same time, indicates the obligations of the church (observance of the legal order of the state).

Evaluating this agreement, the author expresses his conviction that it constitutes an example of the proper regulation of mutual relations of the religious and political community.

Keywords: agreement between the Holy See and the Republic of Equatorial Guinea, guarantee of religious freedom, mutual relations.

Jerzy Nikołajew

PRZESTĘPSTWO ZŁOŚLIWEGO PRZESZKADZANIA POGRZEBOWI, UROCZYSTOŚCIOM LUB OBRZĘDOM ŻAŁOBNYM A INNE PRZESTĘPSTWA Z ROZDZIAŁU XXIV KODEKSU KARNEGO Z 1997 R.

THE OFFENCE OF MALICIOUS OBSTRUCTION OF A FUNERAL OR MOURNING CEREMONIES OR RITES UNDER THE SECTION XXIV OF THE CRIMINAL CODE 1997

The subject matter of this article is the analysis of the offence involving malicious obstruction of a funeral or mourning ceremonies or rites in the context of two other offences contained in the same section of the Criminal Code dedicated to protecting freedom of conscience and religion. These are: the offence of religious discrimination and the offence of malicious obstruction of a religious act. First, the author addressed the historical considerations and referred to the provisions of the Criminal Code of 1932, the so-called “Small Criminal Code of 1946” and the Criminal Code of 1969. Later, he analysed the subjective aspects, the subject, the objective aspects and the object as well as the penalties provided for by the legislature in the currently applicable Criminal Code of 1997. In the final part of the article, the author draws attention to the fact that the offence defined in Article 195 par. 2 of the Criminal Code relates mainly to protection of the public order and freedom of conscience and religion, only in the case of a religious funerals. Therefore, the proposed legislative changes refer to transfer of this type of offence from Section XXXII to Section XXIV of the Criminal Code.

Keywords: coffences against the freedom of conscience and religion, legal protection of funeral and mourning ceremonies, malicious obstruction of a funeral.

Justyna Krzywkowska, Dawid Daniluk

WYBRANE PRZESTĘPSTWA PRZEWIDZIANE W POLSKIM KODEKSIE KARNYM, JEDNOCZEŚNIE SANKCJONOWANE W PRAWIE KOŚCIOŁA KATOLICKIEGO

SELECTED OFFENSES UNDER THE POLISH PENAL CODE, ALSO SANCTIONED IN THE LAW OF THE CATHOLIC CHURCH

The Code of Canon Law of 1983 and the Penal Code of 1997 do not contain and explicitly define the definition of crime; however it can be created on the basic of its standards. A crime – in the sense of Polish criminal law – is socially harmful (socially dangerous) act, prohibited under the threat of penalty by the law in force at the time of its commission. While offences – in the sense of The Canon Law – is external (i.e. can be spotted eyes or received through hearing), conscious and voluntary transgression of criminal law or criminal warrant. The subject of the article will be selected offences, which are provided for in both The Canon Law and The Polish Criminal Law, such as: homicide (article 148), infanticide (article 149), euthanasia (article 150) abortion with consent, abortion without consent, death of a pregnant woman (articles 152–154), grievous bodily harm, other bodily harm, prenatal bodily harm (articles 156–157a), deprivation of liberty (article 189), abduction (article 211), hostage taking – abduction (article 252). Ecclesiastical legislator in many cases abandoned the punishment for the offence belonging to the mixed forum (mixti fori), i.e. offences whose punishment is in the interests of both the Roman Catholic Church, as well as a public authority.

Keywords: homicide, infanticide, euthanasia, abortion, bodily harm, deprivation of liberty, abduction

Karolina Kuberska

WYBRANE ASPEKTY ORGANIZACYJNO-PRAWNE I MAJĄTKOWE STATUSU SPOŁECZNOŚCI ŻYDOWSKIEJ W II RZECZYPOSPOLITEJ I W POLSCE LUDOWEJ

In this article, the reconstruction and analysis of selected aspects of organizational and legal as well as the property status of the Jewish communities in the Second Polish Republic and the Polish People’s Republic was carried out.

Whereas the legal and property ground of Polish-Jewish relations, aspects raised in the article are presented, besides the social context, with respect to political realities, ranging from pre-war state by World War II until the period of Polish People’s Republic.

This way of presenting the title issue has been shown through the method that will allow familiarizing t with the formation of the legal and property status regulating the status of Jewish communities on the background of historical transformation, simultaneously allowing to show social behaviour in the Jewish community itself.

The problematic aspects have been limited to the issue of the functioning of Jewish communities ruled by state regulations. Setting the discussed legal problem in a historical context aims to create a clear picture of the development of the legal regulations, including property, connecting Jewish communities with state power.

Taking into consideration the scope of the title issues raised in the article and the way of its presentation, the selection of appropriate sources was necessary. Most of the sources, because of the interest and focus on legal and property analysis, are the legal acts, while the literature on historical issues was chosen so as to provide the background – both historical and social transformations of law, to which this article relates.

Keywords: Jewish Community, real estate, State, organization, property, statute, Union of Jewish Religious Communities

Michał Ożóg

REGULOWAĆ CZY DEREGULOWAĆ SWOBODĘ WYRAŻANIA PRZEKONAŃ RELIGIJNYCH, ŚWIATOPOGLĄDOWYCH I FILOZOFICZNYCH W ŻYCIU PUBLICZNYM? ROZWAŻANIA NA TLE ART. 25 UST. 2 KONSTYTUCJI RZECZYPOSPOLITEJ POLSKIEJ Z 2 KWIETNIA 1997 R.

REGULATE OR DEREGULATE THE FREEDOM OF EXPRESSION RELIGIOUS OR PHILOSOPHICAL BELIEFS, OR IN OUTLOOKS WITHIN PUBLIC LIFE? REFLECTIONS ON ART. 25(2) IN FINE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

The aim of this article is to present the appropriate legislator’s attitude to the issue of freedom of expression religious or philosophical beliefs, or in outlooks within public life in accordance with the polish constitutional standard. Before giving an answer to the question raised in the title, the author begins with presentation about the essence and function of expression beliefs within public life. The text provides two examples of inappropriate legislator’s attitude touching freedom of expression beliefs. It is shown that it is impossible to precise the religion’s name on the school report. The second one presents the inconsequence of legal provisions governing religious expression in relation to persons taking up public trust professions. This examples lead to the conclusion that the appropriate lawmaker’s policy is deregulation of freedom of expression religious or philosophical beliefs, or in outlooks within public life. This freedom arises from the provison of art. 25(2) in fine of the Constitution. It is allowed to rely on this provision on the basis of direct application of the Constitution.

Keywords: freedom of expression religious or philosophical beliefs, or in outlooks within public life; Constitution of the Republic of Poland of 2 April 1997; regulation; deregulation