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Skuteczność zawarcia umowy pożyczki przez parafię bez zezwolenia biskupa

Author(s): Paweł Kaleta / Language(s): Polish Issue: 16/2013

The parish, under the art. 52 of the relationship between the State and the Catholic Church in Poland Act as art. 23 of the Concordat of 1998 is an entity in the course of civil law. There is a close connection between canon law and civil law regarding entering into a loan agreement. The basis to appeal is by legislature and the cannon case law in article 63 § 1-2 of the Civil Code. The lack of the bishop’s consent upholds a sanction of suspended ineffectiveness. It is therefore defective and can only become fully effective upon confirmation. There should be statutes in each diocese to determine which acts are beyond the limits and the manner of ordinary administration. If there is no provision within the statutes regarding this point, the decision remains with the diocesan bishop who following consultation with the financial committee, determines these acts for the persons subject to him. It would also seem legitimate to stipulate the creation of inventory of measures to form Acts to control extraordinary management, to which loan agreements can be added. A parish priest entering into a loan agreement is also obliged take into account particular law as well as the common law vested right. If the loan amount exceeds the limits and manner of ordinary administration the parish priest should initially consult the parish finance council and obtain authorisation from the diocesan bishop, prior to taking measures of the act. The responsibility for the lack of an appropriate authority in the first place belongs to the parish priest and not to the employees of the bank, who do not need to know the canon law. Hence there is a demand for diligent educating of clergy in the Church of patrimonial law in the seminaries and provision of relevant education courses on the management of parish property. In addition, if the parish priest causes harm to a person, as a result of failure to comply with the loan agreement; he is obliged to repair the damage. The parish does not take responsibility for actions taken by the administrator, unless it has gained benefits.

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Sodalicje mężczyzn w Krakowie na przełomie XIX i XX w.

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 16/2013

At the turn of the 19th and 20th centuries Kraków was home to many Catholic and Church organisations and among them numerous Marian Sodalities. It was a particular kind of Church association created for every social, sex, age or occupation group. The sodalities aimed at spirituals growth of their members. Due to their great diversity the sodalities were popular with many citizens of Kraków who wished to devote their time to perfect themselves and deepen their Catholic faith. The sodalities followed a similar organisational structure in which an important role was played by a spiritual guide, a moderator, who usually was a Jesuit Father, as the sodality movement was born inside the Society of Jesus. A link with the Church hierarchy could also be seen in approvals of sodalities by Church authorities, in uniting them with the Primary Sodality (Prima-Primaria) in Rome or approvals of the Kraków Curia and granting the Kraków's bishop the rights within the sodality. The existing men's sodalities at the turn of the 19th and 20th centuries drew together priests from Kraków diocese, merchants, craftsmen and artisans, and the intelligentsia. The cooperation of people with similar views and occupation, or belonging to the same social group resulted in strong integration and mutual support in fulfilling their sodality commitments.

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The Secularisation in Europe from Lithuanian Perspective

Author(s): Robertas Pukenis / Language(s): English Issue: 16/2013

Taking the Lithuanian perspective on the substantial progress of secularization processes Europe-wide, a number of general observations can be made. First and foremost, it must not be overlooked that the forefathers of the European integration process were politicians of the Christian democratic colour, and the process of integration as such was endorsed by the Holy See. Still, however, the Church would warn (and still warns) that it was impossible to build a true unity of the Old Continent by denying the Christian roots of the European culture and without respecting the rights inherent in human nature. The actual implementation of the idea of integration seems, however, to ignore some urgent warnings sent out by the Church. It facilitates the progress of secularization processes, and, in Lithuanian law, it manifests itself, among others, in the proposals of changes in regulations regarding marriage understood as a permanent union between a man and a woman. No doubt, it poses a major challenge to the Church; obviously, it will only be able to resist such tendencies if its firm stance and testimony deserve credibility. It should be noted, however, that the implementation of the proposals of separation of legal regulations from the principles inherent in human nature also threatens the society, regardless of the ideological standpoint of its members.

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Prawo farmaceuty do sprzeciwu sumienia w świetle obowiązujących regulacji prawnych

Author(s): Mariola Drozd / Language(s): Polish Issue: 16/2013

The paper presents a general legal and factual situation on applicable law pharmacists to conscientious objection. Issue addressed in Poland arouses a lot of controversy and meets with a lively discussion. Supporters of conscience clause invoke the right to freedom of conscience and act in accordance with him, while opponents raise the issue of patients' rights violations. This article discusses the Polish legislation governing the work pharmacists and dispensing process from the pharmacy. Comparatively also presented examples of conduct on the conscience clause in France and Italy. Legislation and examples from other countries have been analyzed in the context of the introduction of postulates conscience clause for pharmacists to Polish law.

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Przesłanki delibacji orzeczenia kościelnego we włoskim sądzie apelacyjnym

Author(s): Paweł Bednarski / Language(s): Polish Issue: 16/2013

In the Italian private law the church marriage annulment can obtain the effectiveness in the civil law. Before then, the judical decisions must be surveyed during the special type of procedure, which shall be carried out by the competent court of appeal. During this procedure the court shall examine whether defined by the law conditions have been fulfilled. This type of examination is intended to protect both the Italian legal order and the institution of marriage. Among the requirements which must be fulfilled by the judgment of the church before it will be recognized, it should be listed: jurisdiction of the ecclesiastical judge to rule on the marriage annulment, right of the parties to defence and participation in the process, non contrariety with the judgment given by the Italian court and non contrariety with the Italian public order. The question of the conditions of the proceeding concerning the recognition of ecclesiastical marriage annulments allows to note the differences which exist between the canon law and Italian private law. They are especially apparent in regard to the conditions governing the invalidity of a marriage and issues of spouses contracting marriage in a good faith.

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Sprzeciw sumienia w praktyce pielęgniarki i położnej. Analiza rozwiązań polskich i wybranych rozwiązań europejskich

Author(s): Beata Dobrowolska / Language(s): Polish Issue: 16/2013

The aim of this article is to present national and European discussions on the conscience clause in the practice of nurse and midwife, together with the analysis of the problems which are associated with application of this regulation to the clinical realities. The conscientious clause in medical practice can be defined as a kind of special ethical and legal regulation which gives nurses/midwives right to object to actively perform certain medical procedures which are against their personal system of values. The main issue underlined in the discussion regarding practising conscientious objection in the clinical setting is the collision of two human rights: the right to conscientious objection of medical personnel and the right of patients to specific medical procedures which are legal in their country. However, it is emphasized that eventhough the right to the conscientious objection in nurses/midwives or phisicians practice is widely accepted it is not absolute and this regulation can not be used in cases of danger to life or serious damage to the health of the patient. Deontological and legal regulations in Europe indicate similar conditions which have to be fulfilled if nurse wants to use this right. Neverthereless, application this regulation to the clinical reality is not free of problems.

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Administracyjnoprawne warunki ingerencji administracji publicznej w sposób korzystania z obiektów sakralnych Kościoła katolickiego wpisanych do ...

Author(s): Tomasz Sienkiewicz / Language(s): Polish Issue: 16/2013

A good cooperation between the historical monuments protection authority and the Catholic Church, aimed at preserving historical religious monuments for future generations, is a token of gratitude to our ancestors for our culture rooted in the Christian heritage of the Nation and in universal human values, as referred to in the Preamble to the Constitution of the Republic of Poland. The most significant defects of law on historical monuments protection, which make it difficult to achieve this goal, is the underdetermined margin of decision which is a result, inter alia, of an open list of permits, which in turn results in apparent determination of an obligation. A large number of general clauses strengthens the position of the historical monuments protection authority with regard to the entity subordinate in the administrative and legal relations, which may lead to the abuse of power. There are no directly determined specific criteria of assessment of the actual status related to the issue of or refusal to issue a permit, which for the obliged entity in the administrative and legal relations may result in the loss of legal certainty in exercising its rights.

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Aspekty prawne współpracy dyrektora szkoły publicznej z kościołami i innymi związkami wyznaniowymi

Author(s): Adam Balicki / Language(s): Polish Issue: 16/2013

Religious education plays a very important role in the upbringing of the young generation. It is present in the Polish educational system. The provisions on religious education in schools and preschools requires cooperation of the school and churches and religious organizations in the field of religious education. This is most evident in the employment of teachers of religion. Although the subject of employing a teacher of religion is director of the school, but he can not hire a person lacking canonical mission. Churches and religious organizations are also able to release a teacher, even during the school year. The obligation of the cooperation is also seen in the organization of the Lenten retreat. The are not the only areas of cooperation should be the closest possible, as in many aspects of school can bring positive outcomes of education.

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Nadzór nad fundacjami kościelnymi w Polsce

Author(s): Grzegorz Gura / Language(s): Polish Issue: 16/2013

The supervision over the church foundations reflects the subsidiary supervision model under Polish law. The indirect supervision is carried out by the public authorities, whereas the direct supervision is carried out by the common courts. The legislator diversified the legal status of the church foundations as compared with other foundations. Notwithstanding the state authorities, the indirect supervision over the church foundations is carried out in the first place by the church legal persons constituing founders or other legal persons specified in the statute. Moreover, the rules of the compulsory administration were set out in a different manner in regard to the church foundations. The abovementioned differences are used to be regarded as a church foundation’s’ privilege. However, the author’s standpoint is partially different to the one mentioned above, arguing that the requirement of double supervision over the church foundations constitutes an additional burden rather than a privilege. In the author’s opinion, the above requirement should be given up in the future; he presents his suggestions in this matter.

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Odmowa przerwania ciąży a klauzula sumienia lekarza

Author(s): Małgorzata Gałązka / Language(s): Polish Issue: 16/2013

The article discusses the issue of the conscience objection of a physician, who refuses to carry out an abortion on the basis of moral or religious beliefs. The conscience objection belongs to human rights protected by Polish Constitution and Penal Code. It is also provided in the Article 39 of the Act of 5 December 1996 on Medical and Dental Profession. The right of conscience objection to medical intervention applies in cases, where the conducting of such intervention is a legal duty. Polish Constitution protects humans life in every stage of its development. The admissibility of abortion is an exception to the rule. It is based on circumstances exempting the illegality of the act due to the conflict of goods protected by law. With this kind of construction, no subjective “right to abortion” can be derived that would be accompanied by a duty of the physician to terminate the pregnancy. Such a duty has no legal base in the Article 30 Act on Medical and Dental Profession either, because this provision protects every human being, including the unborn child. It seems then, that the physician has no legal obligation to resolve the possible conflict of child’s right to life and mother rights to health and life by sacrifice of a child. He has only such a possibility, the using of which makes him free from legal liability for abortion. In conclusion, it seems that in most cases of the refusal of abortion by a physician, it is not necessary to refer to the conscience clause.

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Nauczanie religii katolickiej w polskiej szkole publicznej w kontekście prawa rodziców do wychowania religijnego dzieci – aspekty historyczne...

Author(s): Katarzyna Więcek / Language(s): Polish Issue: 16/2013

This article presents selected aspects of teaching religious education in public schools. The depiction of issues from the Catholic point of view does not by any means deprecate other religious denominations, but merely points to the complexity of the issues. The possibility of organising religious education classes within the framework of the system of education is one of the forms of parents’ exercising their right to bring up their children in line with their beliefs, which is confirmed by many Acts of international and domestic law. In Poland, after the period of Communist rule and fighting the Catholic Church and any manifestations of religiousness, and breaching basic human rights, including the right to a religious upbringing, the system reforms after 1989 brought about changes to legislation, which restored religious education to its place in public schools. Statutory and sub-statutory regulations were confirmed in Art. 53 sections 3 and 4 and in Art. 48 section 1 of the Constitution of the Republic of Poland of 2 April 1997. Based on the said regulations parents have the right to the religious and moral upbringing of their children, also through the ability to choose religious education at public school. The legal regulations pertaining to this matter have been repeatedly verified by the Constitutional Tribunal and the European Court of Human Rights in Strasbourg, and despite the necessity to particularise individual regulations, the fundamental direction of Polish legal solutions was maintained, which corroborates its conformity with the standards in other democratic countries.

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Instytucje kościelne jako organizacje pożytku publicznego

Author(s): Marek Plisiecki / Language(s): Polish Issue: 16/2013

This article concerns ecclesiastical institutions as entities having the status of a public benefit organization. Provides information on the regulations contained in the Act on Public Benefit and Volunteer Work, and the role of regulation in the development of the NGO sector (non-governmental organization). Polish law is seen as an attempt to respond to the challenges of the modern world, and there occurs controversy in it. The status of ecclesiastical institutions is unclear. They are not included by the legislature to NGOs, but have the ability to obtain the status of a public benefit organization. The text discusses the specific requirements for these entities, and the specificity of them as non-profit organizations. Activities of institutions dedicated to religion have been explained in practice, according to the report of the 2009 CSO. A review of the names listed in the National Court Register of church organization was presented, which proved to be a valuable source of information about the types of activities undertaken by churches and social organizations. The list of the organizations was added as an appendix.

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Fundacje zakładane przez osoby prawne Kościoła katolickiego w Polsce a fundacje pobożne

Author(s): Dariusz Walencik / Language(s): Polish Issue: 16/2013

The article looks into the legal status of foundations established by ecclesiastical juridical persons, referred to in Article 26 of the 1993 Concordat between the Holy See and the Republic of Poland, and Article 58 of the Act of 17 May 1989 on the Relationship of the State to the Roman Catholic Church in the Republic of Poland (ecclesiastical foundations) and pious foundations, referred to in the 1983 Code of Canon Law. Besides, the article addresses the impact of the Polish legal system and of canon law on the functioning of the aforesaid foundations. A closer look at the problem in question leads to a conclusion that foundations established by juridical persons of the Roman Catholic Church in the Polish state enjoy the same legal status as other foundations and are fully subject to the rules and regulations applicable in the Republic of Poland, in particular the Foundations Act which should be applied directly and not per analogiam, yet allowing for the modifications arising from Article 58 of the Act on the Relationship of the State to the Roman Catholic Church in the Republic of Poland, which are regarded as the lex specialis. At the same time, the legal position of these foundations does not fall within the provisions of canon law, in particular Canons 113-123 and 1299-1310 CCL (except for the provisions on ecclesiastical supervision), unless their content is incorporated into the foundation charter. Therefore, ecclesiastical foundations do not need to be foundations within the meaning of canon law. Polish law lacks any direct references to canon law with regard to the activities of ecclesiastical foundations. Likewise, the provisions of Article 26 of the Concordat and Article 58 of the Foundations Act do not offer any implicit reference to canon law by their "incompleteness", except for the regulations governing ecclesiastical supervision over such foundations.

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Reguły Minimalne i Europejskie Reguły Więzienne a prawo więźniów do wolności sumienia i religii w Polsce

Author(s): Jerzy Nikołajew / Language(s): Polish Issue: 16/2013

In the first part of the article, as an introduction, the author of the paper deals with the guidelines set forth by the United Nations and the Council of Europe with regard to the development and application of the executive criminal law. The second part of the paper deals with the issues concerning the Minimum Rules and the European Prison Rules. The author overviews the guidelines of the United Nations and the Council of Europe as regards treatment of persons deprived of their liberty. The next part presents the guidelines of the Minimum Rules and the European Prison Rules (in both versions) as regards the prisoners' rights to freedom of conscience and religion. The author refers the relevant provisions of these guidelines and proposes his own assessment of the solutions adopted therein. The author draws attention to the construction of religious practices and services in prison adopted in all the rules, which involves the participation in the masses, the possibility of having religious literature and meetings with a representative of a particular religious belief. In the fourth part of the article, the author analyses the religious rights of prisoners provided for under the Executive Criminal Code. He concludes that the solutions adopted in the Polish legislation on the prisoners' freedom of conscience and religion are not inconsistent with the guidelines of the United Nations and the Council of Europe.

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Trójca Święta we współczesnej teologii katolickiej

Author(s): Mirosław Kowalczyk / Language(s): Issue: 5 (60)/2013

Of all the truths of faith and Christian life the truth about God in the Trinity of Persons is the most basic one. The truth in its entirety is revealed by God, but the interpretation of it has a long human history. The Christian teaching about God as a Trinity is the most perfect expression of human religious and theological awareness. The history of the Trinitarian dogma is as long as Christianity itself. It is rooted in the Old Testament, which spiritually and mentally prepared people for the revelation of the Holy Trinity in the New Testament. Jesus Christ in a comprehensive way revealed the truth about God as a personal triad, as a Holy Community, as a personal communion mystery. The essence of this truth has its source in the whole event of Jesus Christ, that is in His eternal existence, in the history of Redemption and in His word. Only later was it defined as a peculiar revelation of God that allows experiencing His essence, translating itself into existence, into everyday life, spirituality, morality, Christian practice, and with years also into the religious doctrine. Modern Catholic Trinitarian theology is developed on two merging planes; that is, the teaching of the Magisterium and teaching of outstanding theologians. A return to the historical-salutary understanding of God’s Trinitarian mystery, but considered in the personalistic light, is a characteristic novelty of modern trinitology. It is a personalistic-communion approach. Many Catholic theologians think that the Trinity makes itself present in a man by way of grace; it is the charitological approach. Also the problem of the Trinity that is immanent to the world, and at the same time transcendent, is considered. The position suggested by K. Rahner is right here: the historical-salutary Trinity is identical with the transcendent Trinity. The truth about the Holy Trinity is fundamental and basic for the understanding of man himself, of the meaning of his existence and of the meaning of the existence of anything. The Holy Trinity is the original model and at the same time a task for any human community – that is, any kind of human community should be realized according to the model of the Divine community.

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Wartość gnozeologiczna i dydaktyczna metody wykresograficznej w teologii

Author(s): Krzysztof Krukowski / Language(s): Issue: 5 (60)/2013

In the contemporary postmodernist culture that more and more becomes the “culture of the picture”, the demand of visualization should also be addressed to theology that is inclined to use the traditional forms of verbal message. In the light of the principle of accommodation accepted by the Vaticanum II the imperative expressed there should be considered “urgent” for the present moment. Among the new propositions promoting graphical-pictorial approaches in theology a new method called chart-graphic or geometrical method worked out by Rev. Prof. Franciszek Drączkowski deserves a special attention. The starting point of the chart-graphic method is the figure of the circle in which an equilateral triangle has been inscribed that is a symbolic image of the triune God. The value of geometry in cognition and comprehension of truth was seen in the past by many outstanding scholars, who considered the use of geometry, logic and algebra to be necessary in the process of cognition of the universe (Descartes, Pascal, Clement of Alexandria). Geometry also for Rev. Drączkowski becomes something that is indeed necessary in the process of cognition of the eternal Truth and of transmitting this knowledge to others. He accepts the ancillary role of geometry, transferring it to the ground of theology.

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Les religions dans l'espace public en France, entre hier et aujourd’hui?

Author(s): Christine Mengès-Le Pape / Language(s): French Issue: 18/2015

Questions concerning the presence of religion in the public space of France are today particularly valid. The attempts to answer questions about the appropriateness of the current solutions cannot be given up in the face of European crisis concerning the issue of immigration. The concept of secularism currently implemented in France is in fact often explained with reference to the requirements of integration policy and the needs and pressure from various religious groups. Regarding the current changes, seen often, and not without a reason, as a threat to public order, the discussion should start with the revision of concepts, often mistakenly understood, that have defined the areas of religion since the entry into force of the Act of 9 December 1905. The research of these issue requires a juxtaposition of the present and a historical situation. Such a comparison highlights any new elements that are associated with the phenomenon, which can be described as an act of distorting the consciousness of societies of the Western world. In the light of this situation the essential differences between religions should be also taken into account; those on which the creators of regulations from 1905 focused and those which in Western Europe today play an increasingly important role in the consequences of migration. The same rules that apply to Christianity cannot be applied to them because often they take on the theocratic concepts and do not accept the distinction between the sacred and the profane.

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Is the Swedish state secular when religious service functions are integrated in state institutions?

Author(s): Per Pettersson / Language(s): English Issue: 18/2015

This chapter analyses the ambiguous presence of religious agents as service providers in Swedish state institutions, which are supposed to be secular; hospitals, prisons, the military and public schools.

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Zakres implementacji przepisów konkordatu dotyczących zawierania małżeństw cywilnych w formie wyznaniowej do systemu prawa polskiego

Author(s): Anna Tunia / Language(s): Polish Issue: 18/2015

The object of this article is to analyse the manner and the extent of implementation of the provisions of the concordat between the Holy See and the Republic of Poland (1993) on a religious form of civil marriage contract. The author attempts to determine whether and to what extent the provisions of the Concordat concerning civil marriage and the clergy were implemented into the law. It does so in reference to the commitments undertaken by the contracting parties as the implementation of a treaty law pacta sunt servanda.

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Zasada równouprawnienia związków wyznaniowych w orzecznictwie Trybunału Konstytucyjnego

Author(s): Aneta Maria Abramowicz / Language(s): Polish Issue: 18/2015

The principle of equal rights of religious communities is often taken issue in the jurisprudence of the Constitutional Court. It has been dealt with in the article. 25 paragraph 1. 1 of the Constitution of 2 April 1997. It is the hallmark for democratic secular States. It Guarantees respect for religious diversity and the world view of society. The basis of this principle is human dignity. The Constitutional Court has confirmed in its case-law that the right premise equal rights of churches and other religious communities should be defined a common feature. Therefore, equal rights of religious communities is equal treatment of operators of a specific feature in the same degree. As a consequence of the existence of this principle in the Polish legal system is to exclude the possibility of State religion, because the nexus one would be in the form of a privileged position ' religious association of the Church of the State. At the same time, this principle implies different treatment churches and religious communities, which do not have the common feature important.The current Constitution of 2 April 1997 introduces its content the principle of equality of religious communities as one of the many constitutional instantiation of the principle of equality. This position highlighted by the Constitutional Court in its judgment of 2 April 2003 (K 13/02), and then also repeated in its judgment of 14 December 2009. Therefore, the principle of equality of religious communities should be interpreted as a general principle of equality with regard to the whole of the acquis the jurisprudence of the Constitutional Court regarding the constitutional principle of equality. This indicates a single line of the jurisprudence in the interpretation of this principle.

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