Cooperation of Common Courts and Ecclesiastical Courts in Poland for the Common and Individual Good Cover Image

Cooperation of Common Courts and Ecclesiastical Courts in Poland for the Common and Individual Good
Cooperation of Common Courts and Ecclesiastical Courts in Poland for the Common and Individual Good

Author(s): Małgorzata Tomkiewicz
Subject(s): Theology and Religion, Canon Law / Church Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: individual good; common good; marriage; judiciary; evidence proceedings; legal aid

Summary/Abstract: In Poland, there is no dual judiciary structure, ecclesiastical courts are not part of the judiciary authority, and at the moment there is no legal basis for common courts to respect the judgments of ecclesiastical courts. However, the fact that the issue of marriage between the same parties may be the subject matter of a trial in different normative orders begs the question: in the event of marriage cases, is there any form of cooperation between ecclesiastical and common courts? Is such cooperation a desirable phenomenon and should it be analyzed as an example of cooperation between the Church and the State for the individual and common good? This article attempts to answer these questions.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 149-161
  • Page Count: 13
  • Language: English