Tryb nowelizacji rozporządzenia Ministra Edukacji Narodowej z dnia 14 kwietnia 1992 r. w sprawie warunków i sposobu organizowania nauki religii w publicznych przedszkolach i szkołach
The procedure for amending the regulation of the Minister of Education of 14 April 1992 on the conditions and manner of organizing religious instruction in public kindergartens and schools

Summary/Abstract: On 26 July 2024, the Minister of Education amended the regulation on the conditions and manner of organising religious instruction in public kindergartens and schools, thereby modifying, to the detriment of religious organisations, the principles that have governed the organisation of religious instruction within the Polish educational system for over 30 years. This amendment was met with public criticism from the Catholic Church and churches affiliated with the Polish Ecumenical Council. However, their objections concerned not only the content of the regulation but also the procedure adopted for its enactment. In the opinions submitted during the public consultations, it was repeatedly claimed that the procedure failed to meet the requirements outlined in Article 12(2) of the Act of 7 September 1991 on the school education system. This article authorises the minister to issue such regulations but obliges him to act “in agreement with the authorities of the Catholic Church and the Polish Autocephalous Orthodox Church and other churches and religious organizations.” The present paper aims to discuss this allegation and assess its validity by comparing a detailed analysis of the statutory delegation with the actual process of amending the regulation. The analysis concludes that the amendment of 26 July 2024 was adopted in violation of the procedure prescribed by the statutory provision. As it is procedurally defective, it should be removed from the body of universally binding laws in the Republic of Poland.

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