Regulacje dotyczące krajobrazu priorytetowego a zagadnienie wolności religijnej imigrantów
The regulations about priority landscape and the issue of religious freedom immigrants
Author(s): Piotr KroczekSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: religious freedom; freedom of conscience and religion; religious denominations; immigration; law about planning and developing of spatial; priority landscape; the Polish Constitution of 1997
Summary/Abstract: Immigration in to-days Europe is a huge problem. The phenomenon is potentially dangerous for the national, cultural and religious status quo of Poland. According to the Polish law, freedom of religion shall be ensured for everyone, who is under Polish law. The freedom of religion includes the right of possession of sanctuaries. The right in question is granted to every Church or religious organization. In exercising the right, there is no distinction, if or in what legal way a Church or religious organization is recognized by Polish law. It means, that there is no direct legal way to prevent immigrants from building shrines. The newly updated law of 2003 about planning and developing of spatial (ustawa o planowaniu i zagospodarowaniu przestrzennym) contains the provisions about so called “priority landscape”. The regulations in question can be used, by the local authorities, to prevent changing the landscape, e.g. of a town, by banning building a shrine with certain architectonic elements. The ban cannot be classified as an infringement of religious freedom, but only as a limitation of exercising it. The ban is fully justified by the rights of autochthons to maintain the national or religious cultural heritage.
Journal: Studia z Prawa Wyznaniowego
- Issue Year: 2016
- Issue No: 19
- Page Range: 5-22
- Page Count: 18
- Language: Polish