Prawnoadministracyjne implikacje wystąpienia z Kościoła katolickiego
Legal and Administrative Implications of Defection from the Catholic Church

Summary/Abstract: Defection from the Catholic Church – whether formal or factual – entails consequences under canon law, specifically the incurrence of a latae sententiae excommunication, which suspends the baptized person from the rights granted to them by the Church. Some individuals seek for this act of defection to produce effects also in the state legal order. In particular, they demand that ecclesiastical legal persons be obliged to correct the defector’s personal data in the baptismal register, to cease processing their personal data, and to recognize the effectiveness of a declaration of defection submitted in a form other than that prescribed by canon law. Due to the refusal of ecclesiastical entities to comply with such requests, these matters have been brought before administrative courts. The consistent jurisprudence of the Supreme Administrative Court confirms that state authorities responsible for personal data protection are not competent to assess the validity of an act of defection from the Catholic Church and may not issue administrative decisions ordering entries to be made in baptismal registers maintained by ecclesiastical legal persons. This position is based on the principle of autonomy and independence of the State and the Catholic Church, as enshrined both in the legal system of the Republic of Poland and in universal and particular canon law.

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