Law and Religion in Poland

general courses
optional courses

It is advisable (albeit not formally required) that students have completed a course in the basics of law before choosing this subject. This will help to achieve the expected learning outcomes.

Remote learning

The course discusses the basic institutions of law and religion in Poland. It addresses contemporary issues, but also includes some historical background necessary to understand today's debates about the place of religion in public life. The course adopts a legal perspective, yet it is also accessible to students with no training in the field.

The course is intended to be an enjoyable introduction to the key issues of law and religion in Poland. While it is part of the academic offer of the Faculty of Law and Administration, it has been designed so that it can also be accessible to students without a thorough legal background.

The course begins with a brief outline of the historical background concerning the state-church relations in Poland in the 20th century, which will allow to get acquainted with the constitutional traditions in this field and at the same time to familiarise the students with the basic terminology of the subject. Then the basic issues of law and religion in Poland will be discussed, such as: constitutional framework concerning the right to freedom of religion or belief, the registration of religious associations, the legal status of religious minorities, religious education in public schools, the display of religious symbols in the public space, conscientious objection in healthcare and beyond, civil and criminal law protection of religious freedom, the legal personality of religious groups, the financing of religious associations, entering into a religious marriage with civil effect, ritual slaughter of animals, etc. The choice of topics can be modified according to the interests of the participants.

● Brzozowski W, ‘Religious Neutrality and its Enemies: The Polish Experience’ in D Ehlers, H Glaser (eds), State and Religion: Between Conflict and Cooperation (Nomos 2020)

● Gliszczyńska-Grabias A, Sadurski W, ‘The Law of Ritual Slaughter and the Principle of Religious Equality’ (2016) 4 Journal of Law, Religion and State 233

● Krukowski J, ‘Religion in Public Education – Poland’ in G Robbers (ed), Religion in Public Education / La religion dans l’éducation publique (European Consortium for Church and State Research 2011)

● Kulesza J, Kulesza J, ‘Blasphemy Law in Poland’ in J Temperman, A Koltay (eds.), Blasphemy and Freedom of Expression: Comparative, Theoretical and Historical Reflections after the Charlie Hebdo Massacre (Cambridge University Press 2017)

● Lis A, Pietrzykowski T, ‘Animals as Objects of Ritual Slaughter: Polish Law After the Battle Over Exceptionless Mandatory Stunning’ (2015) 2 Global Journal of Animal Law 1

● Mazurkiewicz P, ‘Autonomy of the Church and Freedom of Religion in Poland’ in G Robbers (ed), Church Autonomy: A Comparative Perspective (Peter Lang 2001)

● Monticone RC, The Catholic Church in Communist Poland 1945–1985: forty years of Church-State Relations (East European Monographs 1986)

● Nalborczyk AS, Borecki P, ‘Relations between Islam and the state in Poland: the legal position of Polish Muslims’ (2011) 3 Islam and Christian–Muslim Relations 343

● Pease N, Rome’s Most Faithful Daughter: The Catholic Church and Independent Poland, 1914–1939 (Ohio University Press 2009)

● Pietrzak M, ‘Church and State in Poland’ in S Ferrari, W Cole Durham, Jr (eds), Law and Religion in Post-Communist Europe (Peeters 2003)

● Rynkowski M, ‘State and Church in Poland’ in G Robbers (ed), State and Church in the European Union (Nomos 2019)

● Stanisz P, ‘Law and Religion in the Workplace: Poland’ in M Rodríguez Blanco (ed), Law and Religion in the Workplace / Droit et religion au travail (Comares 2016)

● Stanisz P, Religion and Law in Poland (Wolters Kluwer 2017)

● Stanisz P, ‘Religious Assistance in Public Institutions in Poland’ in R Balodis, M Rodríguez Blanco (eds), Religious assistance in public institutions / Assistance spirituelle dans les services publics (Comares 2018)

● Stanisz P, ‘Religious Jurisdiction in Poland’ in R Potz, W Wieshaider (eds), Juridictions religieuses et l’Etat – Religious Adjudication and the State (Comares 2015)

After the course the students will be able to:

— explain the difference between the law on religious denominations and the canon law,

— correctly apply the basic terms of the law on religious denominations,

— list the essential features of a confessional/secular State,

— explain the nature of the freedom of religion or belief,

— identify the key concepts in the Polish policy towards the religious denominations before and after the Second World War,

— analyse the groundbreaking importance of the reform of 1989 as far as the legal status of religions is concerned,

— correctly apply theoretical concepts to describe and evaluate the Polish system of Church–State relations,

— express their views on the current issues in the State’s policy in relation to the religious denominations (e.g. religious education in public schools, religious slaughter of animals, limitations of religious freedom).

regular attendance; active participation or final test (if needed)

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