Praktyka uchwałodawcza Sejmu RP na tle zasady bezstronności religijnej władz publicznych oraz zasady poszanowania autonomii i wzajemnej niezależności państwa i związków wyznaniowych
The Resolution-Making Practice of the Sejm of the Republic of Poland Against the Background of the Principle of Religious Impartiality of Public Authorities and the Principle of Respect for the Autonomy and Mutual Independence of the State and Religi

Summary/Abstract: This paper presents the results of a study of two types of resolutions concerning religious matters (and the drafts thereof) adopted or considered by the Sejm of the Republic of Poland in the years 1991–2023 (i.e. from the 1st parliamentary term to the 9th one), namely commemorative resolutions and resolutions to address issues. The conducted analysis allows one to conclude that the resolution-making practice generally remains consistent with Article 25(2) and (3) of the Constitution of the Republic of Poland. There are isolated cases of the Sejm taking a position on typically doctrinal and intra-faith issues in violation of the constitutional requirement of public authorities’ religious impartiality and respect for the autonomy and independence of religious organisations in their own spheres. However, both principles do not, generally, prevent the Sejm from expressing its opinions – in the forms of commemorative resolutions and resolutions to address issues – with regard to the place of religion in the public realm, the socio-cultural importance of religion, and the need to respect religious freedom; nor do the said principles rule out the commemoration of clergy and people venerated as blessed or saints. Sometimes the improperly edited wording of adopted resolutions, including their titles, may give rise to interpretative doubts and avoidable reservations of a constitutional nature, especially when the general meaning of those resolutions is acceptable in the light of the constitutional principles on religious matters.

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