Regulatory Proceedings as a Means of Settling the Legal Status of the Polish Lutheran Church’s Real Estate Cover Image

Postępowanie regulacyjne jako sposób uregulowania stanu prawnego nieruchomości Kościoła Ewangelicko-Augsburskiego w RP
Regulatory Proceedings as a Means of Settling the Legal Status of the Polish Lutheran Church’s Real Estate

Author(s): Dawid Binemann-Zdanowicz
Subject(s): History of Church(es), Constitutional Law, Transformation Period (1990 - 2010), Other Christian Denominations, Administrative Law
Published by: Parafia Ewangelicko-Augsburska (Luterańska) w Gdańsku-Sopocie
Keywords: Lutheranism; Evangelical-Lutheran Church in Poland; Regulatory Proceedings; Regulatory Commission;

Summary/Abstract: The unlawful removal by the communist authorities of real estate owned by the Evangelical churches operating in the Republic of Poland before the Second World War, which took place after the end of War in Mai 1945, was finally legalized by the Act of July 4, 1947 on amending the President's decree of November 25, 1936 on the relationship between the State and Evangelical-Lutheran Church in Poland. The political transformation in Poland, which took place in 1989, initially did not change the ownership of the Lutheran Church but also did not lead to the enactment of any legal acts that would allow for the recovery of unlawfully seized real estate. The property of the Church’s matters were regulated by the Act of May 13, 1994 on the State’s Relationship to the Evangelical-Lutheran Church in the Republic of Poland. This act provides for two separate procedures for evangelical real estate, namely: the administrative procedure with regard to real estate owned by the Church legal entities on the date of its entry into force and the regulatory procedure with respect to real estate located in the former 2nd Republic of Poland, which is not owned by church legal entities. The analytical part of the articles presents regulatory proceedings introduced by the Act of 1994.

  • Issue Year: 2020
  • Issue No: 14
  • Page Range: 138-154
  • Page Count: 17
  • Language: Polish