The formal unconstitutionality of the Act on the Relation of the State to the Catholic Church amendment
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Wydział Prawa Kanonicznego Uniwersytetu Kardynała Stefana Wyszyńskiego w Warszawie
Publication date: 2020-01-24
Studia Politologiczne 2012;23
On the 16th of December 2010 the Act amending the Act on relations between the State and the Catholic Church was enacted in the Republic of Poland. On its basis (Article 2) legislators abolished Property Commission with the effect on the 1st of March 2011, while agreeing that it completed its work by the 28th of February 2011. The Act concerning amendments to the Act on the Relation of State to the Catholic Church was passed without an agreement between the Council of Ministers and the Conference of the Polish Episcopate. Meanwhile, in accordance to the ruling of the Constitutional Court, Article 25 of the Constitution results in the binding obligation of public authorities in searching for legislative solutions of a consensual character in the area of relations with churches and religious associations that are accepted by the recipients. It has been confirmed by the Legislative Council, which in its opinion stated that the Council of Ministers before the enactment of the Church Act, is obliged to use its best endeavors in pursuing to draw up an agreement with the appropriate authority of a church or religious organization on the proposed content of the normative. Therefore, legal uncertainties arise, which are the subject of this article, concerning the procedural legality of the Act amended on the 16th of December 2010 with Article 25.4 of the Polish Constitution.
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