Legal Guarantees of Autonomy and Independence of the Catholic Church in Poland in Terms of Jurisdictional Authority in Marital Matters Cover Image

Prawne gwarancje autonomii i niezależności Kościoła katolickiego w Polsce w zakresie władzy jurysdykcyjnej w sprawach małżeńskich
Legal Guarantees of Autonomy and Independence of the Catholic Church in Poland in Terms of Jurisdictional Authority in Marital Matters

Author(s): Grzegorz Bzdyrak
Subject(s): Canon Law / Church Law
Published by: Kancelaria Sejmu
Keywords: concordat; autonomy of the Catholic Church; principles of the State-Church relationship; ecclesiastical judiciary

Summary/Abstract: Both communities, religious and state ones, are composed of the same persons. Therefore theadoption of correct relationships between them allows for full cooperation in the pursuit of thecommon good and the good of the human person. The purpose of this study is to point out the essenceof the principle of autonomy and independence of the Catholic Church and the state adopted in the Polish legal framework, each in its individual field. The guarantees of autonomy and independenceresult not only from the Polish Constitution but also from the ratifi ed international agreement,i.e. the concordat, and the Act on the Relationship between the State and the Catholic Church. Themutual recognition of the autonomy and independence is also reflected in the provisions of internallaws of the Catholic Church. The mutual respect for independence includes not only freedom ofaction, but also in exercising jurisdictional authority over marriage. In marital matters, which remainin the area of interest of both communities, each has its exclusive jurisdiction in the relevant field.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 19-38
  • Page Count: 19
  • Language: Polish