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Streszczenia artykułów z tomu 10 PPW

Michał Hucał (Chrześcijańska Akademia Teologiczna w Warszawie)

ORZECZNICTWO SĄDÓW ADMINISTRACYJNYCH W SPRAWACH DOTYCZĄCYCH PRZETWARZANIA DANYCH OSOBOWYCH PRZEZ ZWIĄZKI WYZNANIOWE

JURISDICTION OF ADMINISTRATIVE COURTS IN MATTERS CONCERNING THE PROCESSING OF PERSONAL DATA BY RELIGIOUS ORGANIZATIONS

Regarding personal data protection the Supreme Administrative Court and the Voivodeship Administrative Court in Warsaw both identified the key elements of the difference of religious communities with non-religious entities. Constitutionally, the most important distinction was the question of religious organizations autonomy. It is incontrovertible that religious communities with a regulated legal status in their activities are independent and exercise their internal law in the exercise of their authority. This also depends on the principles of membership and association, which form a framework that excludes GIODO interference in the processing of personal data while giving the right to privileges in sensitive data and registration. In the light of the judicature, the membership termination notice should be submitted in accordance with the internal law of the religious organization. However, the cognizance of the public administration and the administrative court obliged them for making an assessment if the religious organization has made such a procedure in a way it violate the substance of an individual right to leave it.

Keywords: protection of personal data, administrative courts, religious organization.

 

Edyta Włodarczyk (Uniwersytet Wrocławski)

PROCEDURA ZAWARCIA MAŁŻEŃSTWA WYZNANIOWEGO W KOŚCIELE EWANGELICKO-AUGSBURSKIM

ENTERING INTO A RELIGIOUS MARRIAGE IN THE EVANGELICAL CHURCH OF THE AUGSBURG CONFESSION IN POLAND

The article treats about the procedure of concluding religious marriage in the Evangelical-Augsburg Church in the historical and legal context, based upon provisions of the law in force, in particular the Act on Relations between the State and the Evangelical-Augsburg Church in the Republic of Poland and the Act on Guarantees of Freedom of Conscience and Faith as well as upon the internal law of this Church, i.e. the official practice in force. The exercise of the right of proceedings relating to getting married in accordance with the internal law of this Church is based upon the constitutional principle of equality of churches and faith groups in Poland. Unlike marriage in the Catholic Church, the procedure of getting married in the Evangelical-Augsburg Church is rarely addressed. One of the reasons of this state of affairs is the fact that members of the Evangelical-Augsburg Church constitute a minority within the Polish society and the issue of marriage in this Church is hardly ever addressed by someone who is not directly associated with this Church. This also results in relatively scanty literature on this issue, which is worth being addressed by more writings.

Keywords: the Evangelical-Augsburg Church, religious marriage, the procedure of concluding marriage, marriage, evangelical doctrine, Lutheranism, Protestantism.


Tomasz Resler (Uniwersytet Wrocławski)

PROCEDURA ZAWARCIA I ROZWIĄZANIA ZWIĄZKU MAŁŻEŃSKIEGO U KARAIMÓW W OKRESIE II RZECZYPOSPOLITEJ POLSKIEJ

MARRIAGE AND DIVORCE OF KARAITES COMMUNITY IN THE SECOND POLISH REPUBLIC

During interwar period on Polish territories lived about 1500 Karaites organized in four communes. Important role in survival of such small community played institution of marriage. The marriage ceremony was divided into two parts: secular and religious. The first one took place in the brides house and consisted of signing marriage contract (called „szatar”) between spouses to be. The second - religious part of the ceremony have been led by hazzan and involved taking vows by spouses. Until 1936 laws regulating Karaites marriages were based on regulations of Austria and Russia (former annexationists). At last this year Polish legal act instituted consistent rules to the whole country. The marriages were still granted by hazzan, but the priest became also government official obligated to keep civil records. Mentioned act also regulated divorces. Only Karaites official entitled to granting divorce became hachan (Karaites highest priest). And even then prosecutors office could investigate questionable cases.

Keywords: Karaites, marriage, religious law.

 

Andrzej Szymański (Uniwersytet Opolski)

INWIGILACJA KADRY I ALUMNÓW WYŻSZEGO SEMINARIUM DUCHOWNEGO WE WROCŁAWIU PRZEZ URZĄD BEZPIECZEŃSTWA PUBLICZNEGO W LATACH 1953-1954

SURVEILLANCE OF THE STAFF AND ALUMNI OF THE HIGHER THEOLOGICAL SEMINARY IN WROCŁAW BY THE OFFICE OF PUBLIC SECURITY IN THE YEARS 1953-1954

In the paper under title: The surveillance of the staff and alumni of the Higher Theological Seminary in Wroclaw by the Public Security Office in the years 1953 – 1954 some aspects have been introduced of the surveillance of the community of the Higher Theological Seminary in Wroclaw by the Public Security Office in the years 1953 – 1954. The documents of the Provincial Public Security Office in Wroclaw were discussed as well as the characteristics of all members of the professor’s staff “with particular pointing at those who should be removed from the occupied posts”, the characteristics of “the agents (professors, alumni) in the seminary”, the data about the internal relations in the units, the discrediting data (indoctrinating the alumni with “hostility towards Poland”, moral and ethical matters), plans of operational undertakings in the carried out inquiries (including recruitments).

Keywords: PRL, WSD Wrocław, invigilation.

 

Rafał Kaczmarczyk (Uniwersytet Warszawski)

FORMALNOPRAWNE ASPEKTY ZAWARCIA I ROZWIĄZANIA MAŁŻEŃSTWA MUZUŁMANÓW W POLSCE DO 1946 ROKU

FORMAL AND LEGAL ASPECTS OF CONCLUSION AND DISSOLUTION OF MUSLIMS’ MARRIAGE IN POLAND BY 1946

This article is devoted to presenting formal aspects of conclusion and dissolution of marriage, involving Muslim parties, in Poland before 1946 and to analyzing the implications that those formal aspects might carry for the effects of certain legal actions within concluding and dissolving of a marriage. The paper focuses on the interwar period, starting in 1918 up to 1945 when legislation in the subject matter has been unified and secularized. Some introductory methodological remarks are in the first place followed by description of then in force regulations in the matter of conclusion and dissolution of non-Christian marriages, in particular Muslim marriages, considering also several changes made in those regulations in the meantime. That description underlines the formal aspects of legal institutions that have the most significant effects for application of those legal institutions. Further, the article highlights that special relation, using case study on several cases that illustrate best the magnitude of formal aspects for practical issues related to conclusion and dissolution of marriage of Muslims in Poland in the above mentioned period.

Keywords: civil status files, divorce, formal aspects, marriage, Muslims.

 

Dariusz Mazurkiewicz (Zielona Góra)

ZASADY POSTĘPOWANIA KOŚCIOŁA KATOLICKIEGO W POLSCE W PRZYPADKACH OSKARŻEŃ DUCHOWNYCH O WYKORZYSTYWANIE SEKSUALNE OSÓB MAŁOLETNICH

THE RULES OF PROCEEDINGS OF THE CATHOLIC CHURCH IN POLAND IN THE CASES OF ACCUSATIONS OF CLERGY OF SEXUAL ABUSE OF MINORS

Sexual offenses committed by the clergy to minors have been always reflected in the legislation of the Catholic Church. In recent years, due to the intensification of the reports this type of prohibited behavior, both the Holy See and the Conference of the Polish Episcopate issued regulations the proceedings in case of accusations actions against the sixth commandment of the Decalogue committed by the clergy against minors. These rules consist of norms aimed at helping victims, indicating the procedure and the principles of formation in seminary and prevention. Their application, especially in the context of the legal obligation to report to Polish law enforcement agencies the offenses as referred in art. 197 § 3 or 4, art. 198 or art. 200 of the Penal Code, will certainly contribute to the protection of minors against sexual offenses by the clergy and persons working in church structures.

Keywords: Sexual offenses against minors, canon law of the catholic church, the help minors victims of sexual offenses.

 

Michał Ożóg (Uniwersytet Jagielloński)

POSTAWA PRACOWNIKÓW PODMIOTÓW LECZNICZYCH W KONTEKŚCIE REALIZACJI PRAWA PACJENTA DO OPIEKI DUSZPASTERSKIEJ W POLSCE

ATTITUDE OF EMPLOYEES OF MEDICAL ESTABLIMENTS IN THE CONTEXT OF THE IMPLEMENTATION OF THE PATIENT’S RIGHT TO PASTORAL CARE IN POLAND

The subject of the article is to present standards for the implementation of the right to pastoral care in Poland in the context of the obligation of medical establishments to guarantee this right. The text includes a legal analysis of the attitude of employees of medical establishments in the case of an externalized patient’s request regarding the exercise of the right to pastoral care, as well as in the case of a family member submitting a statement about the implementation of the right. The considerations also refer to the practice of asking questions to patients and their family members about the wish to take the patient under pastoral care. Particular attention is given to the issue of the attitude of employees of medical establishments in the event of danger to the patient’s life, including the cases when their worldview is unknown. The criterion for assessing the attitude of employees of medical establishments in the scope of exercising the right to pastoral care is the provisions of the Constitution of the Republic of Poland.

Keywords: right to pastoral care, medical establishment, freedom of conscience and religion, patient’s rights

 

Jan Krajczyński (Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie)

WOLNOŚĆ SUMIENIA I RELIGII A DOCHODZENIE I OBRONA UPRAWNIEŃ W KANONICZNYCH PROCESACH MAŁŻEŃSKICH

FREEDOM OF CONSCIENCE AND RELIGION VERSUS INVESTIGATION AND DEFENCE OF RIGHTS IN CANONICAL MARITAL PROCESSES

Special matrimonial processes constitute a very useful tool for seeking justice in the forum of the Church. In fact, they were not established for the purpose of protecting conscience and religion, they in fact serve the purpose of protecting the basic freedom of the human person. Being a typical form of potestas regiminis [power of governance], these processes acquire new meaning i.e. they gain the sense of authentic service for the benefit of people, and become an effective means of protecting the freedom. A spouse whose freedom of conscience and religion may be violated due to the behavior of the other party, has the right to initiate proceedings for the separation of parties. Also, the similar action may be taken by a parent who perceives, in the attitude of the spouse, a serious threat to religious upbringing and growth in faith of the offspring from this relationship. The spouse whose relationship has not been complemented due to reasons related to his/her religious beliefs, shall be provided by the legislator with an opportunity to request a dispensation from a marriage validly contracted and not consummated. Eventually, that spouse who being convinced that his/her marriage is invalid because of circumstances related to his/her religious beliefs or those of the other party, is provided by the legislator with the opportunity of investigating the truth as to his/her state of life; this investigation is to take form of a judicial proceedings for annulment of marriage and may be executed in triple mode, also according to the rules of the shortened process whose iter may last only 45 days. Statutory solutions adopted by the highest ecclesiastical legislator allow to state that the currently binding provisions of the marital, material and procedural law fully secure the subjective rights of the parties in the field of freedom of conscience and religion. New dispositions of law, adopted in motu proprio Mitis Iudex Dominus Iesus, do not introduce significant amendments to this subject. Regarding the future, one may only postulate a prescription in the subordinate law such pastoral and administrative actions which would of secure the Catholic party against the threat to his/her faith that may result from the marriage with a Muslim person.

Keywords: freedom of conscience and religion, marriage, canonical marital processes.
 

Wojciech Góralski (Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie)

PROCES MAŁŻEŃSKI SKRÓCONY CORAM EPICOPO – NADZIEJE I OBAWY

SHORTER PROCESS MATRIMONIAL CORAM EPISCOPO – HOPES AND FEARS

The introduction (on 15 of August 2015) of the shorter process in front of a bishop by means of Motu proprio Mitis Iudex Dominus Iesus by Francis into the legislature of Latin Church constitutes an important novum with respect to former church legislature; it is an expression of its concern for the spiritual good of spouses who, after the breakdown of canon marriage, concluded a new (civil) marriage and, convinced about the nullity of their first marriage, want to take care of their marital status on the Church forum. An important assumption of papal reform with respect to processus brevior is the emphasis of the central role of a diocesan bishop as a judge, which was expressed in the third of Fundamental rules of Motu Proprio Mitis Iudex. The recognition of his role as a judge-shepherd goes hand in hand with placing in the centre those who require help in such an important matter. A detailed analysis of cannons of the Code of Canon Law, amended by Mitis Iudex, procedural regulations attached to it as well as Sussidio applicativo indicates that in case of existence of circumstances or documents, which in a clear way indicate the nullity of marriage (canon 1683, n. 2 of the Code of Canon Law), the shorter process (preceded by a pre-trial counselling) turns out to be a undoubted benefit. However, the application of processus brevior in particular cases can give rise to certain doubts, about which the legislator knew when publishing Motu proprio Mitis Iudex since he mentioned that the new procedure may not serve any attempts of unjustified declarations of a marriage being null and void. The right conduct of the shorter process poses serious challenges both for diocesan bishops and those who (to a various extent) participate in the execution of his judicial capacity. They are related above all to continuous professional development of employees of the Church Tribunal, a systematic preparation of the personnel for future ministry in those tribunals, concern for organization of pre-trial consultation structures and above all engagement of the shepherd-judge himself.

Keywords: processus brevior, marriage, bishop.

 

Konrad Zamirski (Chrześcijańska Akademia Teologiczna w Warszawie)

REWINDYKACJA MIENIA KOŚCIOŁA ANGLIKAŃSKIEGO W POLSCE PRZED MIĘDZYKOŚCIELNĄ KOMISJĄ REGULACYJNĄ

RETURN PROPERTY OF THE CHURCH OF ENGLAND IN POLAND BEFORE THE REGULATORY COMMISSION

This article is about return property of the Church of England in Poland. The author indicates on the basis of Commission documents complicated factual and legal status of the property. The subject of the refund are two court cases. The issues concern the problem of nationalization of property in Poland during communism. The article indicates the decision and their justification.

Keywords: Church of England in Poland, legal recognition, act, religious law, churches and other religious associations, State-Church relations, Return of property, London Society for Promoting Christianity amongst the Jews.

 

Michał Czelny (Katolicki Uniwersytet Lubelski Jana Pawła II)

PROCEDURA WYSTĄPIEŃ Z KOŚCIOŁA KATOLICKIEGO W KONTEKŚCIE OBOWIĄZKU AKTUALIZACJI DANYCH OSOBOWYCH

PROCEDURE OF DEPARTURE FROM THE CATHOLIC CHURCH IN REGARD TO THE OBLIGATION TO UPDATE PERSONAL DATA

Can. 751 of the Code of Canon Law of 1983 (hereinafter KPK / 83) defines apostasy as a complete abandonment of the Christian faith. Until recently, KPK / 83, in addition to the crime of apostasy, also mentioned a legal institution called “a formal act of defection from the Catholic Church” (“actus formalis defectionis ab Ecclesia catholica”). The Pope Benedict XVI, while removing the above definition from the provisions of the CPC / 83, still left such an option to depart from the Catholic Church. Analysing the current provisions of canonical criminal law, it is assumed that the crime of apostasy is not the same as a formal act of defection from the Catholic Church. In the case of apostasy, there is no requirement for the competent ecclesiastical authority to accept a declaration of will. On October 7, 2015, the Polish Episcopate Conference issued a General Decree “regarding the withdrawals and returns to the community of the Church” that has been in force since February 19, 2016. Currently, a person who wants to make a formal act of departure or return to the Catholic Church, should apply the procedure contained in this Decree step by step. An apostate or a person who has departed from the Catholic Church can no longer exercise all rights under the KPK / 83. However, these people are still members of the Catholic Church because of the irreversible and ontological effects of their baptism that they once received. In addition, they can always return to the Church. The crime of apostasy and also the defection from the Catholic Church should be clearly noted in the baptismal register. Those who made a formal act of defection from the Catholic Church, sometimes demanded that their parish priests should completely delete their personal data from the book of baptisms. In their applications, they referred to their right included in the provisions of the Act of August 29, 1997 on the protection of personal data. Despite the intervention of the General Inspector for Personal Data, the deletion of personal data of such individuals from the book of baptisms seems unfounded because of their sacrament of baptism and the constitutional principle of autonomy and independence of churches and other religious associations (Article 25 paragraph 3 of the Constitution of 1997).

Keywords: law on religion/denominational law, apostasy, baptismal register

 

Wojciech Brzozowski (Uniwersytet Warszawski)

PRZEKONANIA RELIGIJNE SĘDZIEGO A INSTYTUCJA WYŁĄCZENIA SĘDZIEGO

RELIGIOUS CONVICTIONS OF A JUDGE AND JUDICIAL DISQUALIFICATION

Religious convictions are not, as such, relevant grounds for disqualification of a judge from hearing or deciding a case. Judges enjoy religious freedom just as any other freedom protected by the Constitution and the European Convention on Human Rights. However, a judge should refrain from hearing a case if they feel unable to control their emotions based on religious views or if their presiding over a case could cause detriment to the image of impartiality of the judiciary. Also, religious convictions of a judge may provide sufficient grounds for disqualification if a judge discharges their duties with favouritism or prejudice based on religion, e.g. makes inappropriate comments concerning religious affiliation (or lack thereof) of a party or behaves in an excessively attentive manner towards members of the clergy involved in a case being heard.

Keywords: judicial disqualification, judicial impartiality, judicial conduct, religious freedom of a judge, right to a fair trial.

 

Jerzy Nikołajew (Uniwersytet Opolski)

ORGANIZACJA OBCHODÓW 1025 ROCZNICY CHRZTU RUSI KIJOWSKIEJ JAKO PRZYKŁAD SZCZEGÓLNYCH RELACJI PAŃSTWO–KOŚCIÓŁ NA UKRAINIE

ORGANIZATION OF CEREMONIES TO COMMEMORATE THE 1025TH ANNIVERSARY OF THE BAPTISM OF KIEVAN RUS AS AN EXAMPLE OF THE SPECIAL STATE AND CHURCH RELATIONS IN UKRAINE

Church-state relations in Ukraine derive from the position of the executive authority (mainly the President of the Republic) and Church officials associated with the Ukrainian Orthodox Church – Moscow Patriarchate. Generally, no principles of cooperation between the two entities have been established so far, although in practice, the collaboration is implemented by organization of ceremonies to commemorate the events related to the Christianization of Kievan Rus. Anniversary celebrations have a state-church nature, although these are organized separately by different religious organizations. The commemorations demonstrate the policy of unequal treatment of representatives of various churches and religious organizations.

Keywords: church-state relations, religious organizations, Ukraine, Baptism of Kievan Rus.

 

Tadeusz J. Zieliński (Chrześcijańska Akademia Teologiczna w Warszawie)

AUSTRIACKA USTAWA O ISLAMIE Z 2015 ROKU – PROCES STANOWIENIA I GŁÓWNE UNORMOWANIA

AUSTRIAN LAW ON ISLAM OF 2015 – A PROCESS OF ENACTMENT AND THE MAIN PROVISIONS

During the celebration of the 100th anniversary of the old Austrian law on Islam (enacted in 1912 after the annexation of Bosnia and Herzegovina to Habsburg empire), Mr. Sebastian Kurz, the then minister of European Affairs and Integration, announced governmental plans to adopt a new law on Muslim religious communities in Austria. The initiative appeared in the context of rapid growth of Islamic faith in Austria (presently ca. 700 thousands of adherents; the number is to reach 1,5 million in 2050) and increase of activities of preachers and mosques funded from abroad, mostly from Turkey. Governmental legislative plans envisaged the construction, with the help of new legislative measures, of „the Austrian Islam”: loyal to the state and European values, devoid of political religious extremism (supposedly grounded on some forms of the Muslim faith). Finally passed in 2015 as Islamgesetz 2015, the new law from its inception has attracted a wide international attention, including the lawmakers, human rights activists and representatives of faith communities, Muslim, Christian and other. The present study reconstructs the main currents of public discussion focused on the regulation. It also presents and comments crucial Islamgesetz 2015’s provisions, particularly controversial ones, like strict governmental supervision, unequal treatment of Muslim and other religious communities, obligations regarding the use of Austria’s official language, and a ban on foreign funding.

Key words: Legal regulation of Islam, Muslims and religious discrimination, religion and political extremism, state and religion, Republic of Austria, unequal treatment of religious communities.