Studia z Prawa Wyznaniowego

40 Years after the First Agreement. Assessments, Perspectives, Critical Issues, Rome, Sala della Regina, Montecitorio Palace, 19 February 2025

Davide Dimodugno — 2025-12-22

This report summarises the proceedings of the conference “40 years after the first agreement. Assessments, perspectives, critical issues”, organised in Rome (Sala della Regina, Montecitorio Palace) on 19 February 2025 by the Federation of Evangelical Churches in Italy. The event marked the 40th anniversary of the stipulation of the first agreement between the Italian Republic and a religious denomination according to Article 8, paragraph 3 of the Italian Constitution, i.e., the Waldensian Table.

22nd National Symposium on Law on Religion Threats to the freedom of thought, conscience and religion, Zegrze, Poland, 4-6 September 2025

Daniel J. Bator — 2025-12-22

This paper reports on the 22nd National Symposium on Law on Religion, organized by the Faculty of Law and Administration of the University of Warsaw in collaboration with the Polish Society of Law on Religion. The symposium took place on 4-6 September 2025 in Zegrze, Poland. It focused on actual and potential threats to the freedom of thought, conscience and religion.

On the premise of “in the performance of” from Article 430 of the Polish Civil Code – comments in relation to the Supreme Court judgment of 6 September 2022, II CSKP 466/22

Piotr Zakrzewski — 2025-12-22

The premise of the superior’s liability for damage caused by a subordinate (Article 430 of the Polish Civil Code), according to which the damage should occur ‘during the performance of the entrusted activity’, is still the subject of disputes. The purpose of this paper is to determine the meaning of this premise in view of its controversial interpretation by the Supreme Court in its judgment of 6 September 2022 (II CSKP 466/22). The judgment found that this premise covered a case of intentional harm to a schoolgirl arising from an indecent act by a priest, which resulted in the liability of church institutions for this damage. The Supreme Court wrongly assumed, however, that damage ‘during the performance of the entrusted activity’ also occurred when the performance of the entrusted duties by a subordinate, in this case a priest, enabled him to cause the damage. This is an example of a far-reaching, expansive interpretation that can be assessed as an interpretation contra legem, because it establishes – contrary to the wording of Article 430 of the Civil Code – the entrusting party’s liability for damage caused only at the opportunity of performing the entrusted activity. So far, when interpreting the premise under discussion, various criteria have been used, such as an adequate causal relationship, the purpose of the subordinate’s action or an internal, direct relationship between the entrusted activity and the subordinate’s conduct from which the damage resulted. These criteria exclude the adoption of the interpretation presented by the Supreme Court. The last criterion seems to be the most adequate, and it is also accepted in German scholarship in the context of § 831 of the German Civil Code, which is similar to the analysed Polish provision. Guided by this criterion, it should be recognised that damage during the performance of the entrusted activity results from the subordinate’s defective performance of the entrusted duties and not other activity. This means that the entrusting party is not generally liable for the subordinate’s intentional actions, such as an indecent act or theft. Under Polish law, the entrusting party, such as a church legal entity, cannot therefore be liable for indecent acts committed by a priest.

The obligation of the Jewish religious community to disclose public information regarding cemetery management. A comment to the judgement of the Supreme Administrative Court of 27 October 2023, III OSK 5508/21

Maciej P. Gapski — 2025-12-22

The commented judgement refers to the issue of fulfilling the obligations arising from the Polish Act on Access to Public Information by Jewish religious communities in the scope of managing a religious cemetery. The Supreme Administrative Court found that the management of a religious cemetery is a public task regardless of whether there are also municipal cemeteries in a given commune. The judgement indicated that religious cemeteries should be classified as public facilities intended to meet the needs of followers of a given religion in terms of burying bodies. By managing the cemetery and carrying out funeral rites, the religious organisation realises the right of every person to a decent burial. This right was considered a public subjective right, the implementation of which constitutes public tasks. In the judgement, the court referred only to subjective issues – the obligation of the religious community to fulfil the obligation to make information available, but did not decide on the material scope – i.e. what information should be made available.

The analysis of this judgement and reference to other judgements of administrative courts and the position of the doctrine allow us to approve the view presented in the judgement. It is correct to link the obligation to provide public information with the implementation of a public task arising from the public subjective right to a decent burial. The subject matters of access to public information, to which this study refers, were left outside the scope of the court’s considerations.

Organising religious education classes in inter-class groups: A commentary on the judgment of the Supreme Administrative Court on 15 January 2021, III OSK 2907/21

Marcin Olszówka — 2025-12-22

The Supreme Administrative Court, in its judgment on 15 January 2021 (III OSK 2907/21) ruled on the illegality of teaching religion in inter-class groups composed of pupils of all grades (classes) in primary school, despite the fact that such an act is legal under a literal interpretation of § 2(1) of the regulation of the Minister of National Education of 14 April 1992 on the terms and ways of organising religion classes in public kindergartens and schools. This decision is just; however, two issues regarding the statement of reasons must first be addressed. First, the Supreme Administrative Court erroneously assumed that Article 53 para. 2 and 3, in conjunction with Article 48 para. 1 of the Constitution of the Republic of Poland of 1997, which guarantees the freedom of teaching religion and the right of parents to the religious and moral upbringing and teaching of their children, do not apply in cases concerning the organisation of religious education classes. However, religious education in schools is an integral element of the freedoms mentioned in the statute that has been consistently emphasised in jurisprudence from the Constitutional Tribunal since 1991 (K 11/90). Second, although the Supreme Administrative Court was correct to base its decision on Article 1 points 1 and 5 of the Education Law (i.e. education is to be appropriate to the age, achieved development and psychophysical abilities of students), it should be noted that Article 96 of the Education Law introduces restrictive conditions for creating combined classes (i.e. also inter-class groups), which can only be organised “in particularly difficult demographic or geographic conditions.” This applies to religious education classes as well and time significantly limits the ability of the Minister of Education to establish additional conditions for the admissibility of the creation of combined religious education classes.

The relationship of superiority as a basis for the liability of church entities for damage caused by the fault of clergyman – a canon law perspective. Case commentary on the judgement of the Polish Supreme Court of 6 September 2022, II CSKP 466/22

Michał Ludwig — 2025-12-22

In the commented judgement, the Supreme Court held that superiors within the meaning of Article 430 of the Polish Civil Code, in relation to a parochial vicar, include the parish priest, the parish, the bishop, and the diocese. The judgement should be regarded as controversial for several reasons. First, a special legal status was attributed to claims for damages arising from a clergyman’s sexual act against a minor. The adjudicating panel considered it justified to reject the defence of limitation of such a claim by applying the doctrine of abuse of rights under Article 5 of the Civil Code. Moreover, serious doubts are raised by the broad interpretation of the condition of damage caused by a subordinate “in the performance of an entrusted activity” (Article 430 of the Civil Code). However, the commentary primarily addresses the issue of the Polish court’s reference to the provisions of the Code of Canon Law in order to determine whether, under the facts of the case, the four ecclesiastical entities listed above could be considered superiors (in the civil law sense) of the parochial vicar. Without establishing the condition of superiority, none of these entities could be held liable for damages under Article 430 of the Civil Code. Since only the parish and the diocese were named as defendants in the proceedings, only these two entities were ultimately ordered by the judgement to pay compensation to the claimant. The commentary is critical of the court’s interpretation concerning the relationship between the parish priest, the parish, and the diocese in relation to the parochial vicar. It is demonstrated that it is difficult to attribute the civil-law status of superior to the parish priest, as in relation to the vicar he acts rather as a collaborator (albeit with broader competences) than as a superior. Consequently, the parish in which the vicar serves cannot be regarded as his superior – if only because the parish authority itself (the parish priest) is not the vicar’s superior. However, under the provisions of the Code of Canon Law, it is possible to treat the diocesan bishop as the superior of the subordinate vicar. The bishop entrusts the vicar with activities to perform, and the vicar remains subject to the bishop’s direction to a certain extent during the performance of such activities. Nevertheless, in order to establish the bishop’s liability under Article 430 of the Civil Code, it is necessary to determine the fulfilment of further conditions provided for in that article, particularly whether the damage was caused “in the performance” of the entrusted activity. The liability of the diocese under Article 430 of the Civil Code must, however, be excluded. The Supreme Court erroneously held that every act of the bishop is simultaneously performed within the scope of representation of the diocese, of which the bishop is an organ. The managerial actions of the bishop towards the parochial vicar should be regarded as the bishop’s own acts, and therefore it is the bishop himself – and not the diocese – who should be attributed with the status of superior.

A tiered parity? The status of religious communities in Hungary

Balázs Schanda — 2025-12-22

A legal entity status for religious communities qualifies as an essential requirement of religious freedom. The present Hungarian law provides for four different categories for religious communities. Whereas the free exercise of religion and autonomy is guaranteed to all of them, their status and their rights in social issues are different. The state regards recognised churches as its privileged partners in education, social care and other fields of common interest. The number of recognised churches is relatively high compared to other European countries, but the multi-tier system is still not free of tensions, especially because the earlier legislation suggested that all religious communities shall have formally equal rights. This paper examines the question of whether this qualifies as a kind of discrimination towards non-recognised religious communities, or whether it can be seen as a legitimate consideration of social reality.

The Concordat of 1925 and the Concordat of 1993, or the regression of the native legal culture of Poland in religious matters: Reflections on the 100th anniversary of the first modern Polish agreement with the Holy See

Paweł Borecki — 2025-12-22

An analysis of the circumstances, content and implementation of the Polish Concordats of 1925 and 1993 reveals a number of similarities between them. However, these acts concluded in different eras in the history of the Catholic Church and the Polish State. Significant differences therefore exist between the two agreements, stemming from differing axiologies and the different functions assigned to them by the Polish authorities. The aim of this paper is to examine these treaties from a broader historical and geopolitical perspective. Both concordats were intended primarily to serve the Church as a guarantee. The pre–World War II 1925 agreement played a more normative role, representing legal positivism. The 1993 agreement was instead intended to play a symbolic, or demonstrative, role, with limited legal function. Furthermore, both concordats were not fully implemented during their respective periods of validity. Notably, disputes over the implementation of the 1925 concordat significantly intensified after the Sanacja government came to power in May 1926: The parties invoked legal arguments, including the text of the agreement. After the death of John Paul II and the end of Aleksander Kwaśniewski's presidency in 2005, there was a marked decline in interest among secular decision-makers in the 1993 concordat as well. An analysis of the application of the 1993 agreement by the highest state authorities of the Third Polish Republic, particularly since mid-2006, substantiates the regression in legal culture regarding religious matters in contemporary Poland.

On the statutory ban on holy confession for children

Grzegorz Maroń — 2025-12-22

Based on the petition “on the ban on confessions for children” rejected in April 2025 by the Polish Sejm committee, the Author considers the admissibility of law prohibiting minors from receiving the sacrament of penance and reconciliation. He points out that confession is the subject of legally protected freedom of religion, and its organisation and performance is part of the Church’s own affairs, which are within the scope of the autonomy of religious communities. He argues that the statutory ban on confessions for children does not meet the requirements of proportional interference by public authorities in the freedom of religion of minors and the right of parents to direct their upbringing. He claims that reprehensible, scandalous, but individual cases of sexual abuse of children by clergy in connection with the sacrament of penance do not justify the claim that participation in confession is generally a threat to the well-being of minors. The study of case law shows that even in individual cases of parental disputes, courts rarely decide to prohibit children from receiving the sacraments, which all the more supports the view that a general statutory ban on confession for children is inadmissible. Laws prohibiting religious practices of children are currently the exclusive domain of authoritarian states. In the Author’s opinion, the processing of a petition so clearly contrary to the Constitution of the Republic of Poland and international law, with the lack of reaction from the Commissioner for Children’s Rights, the Commissioner for Human Rights, representatives of legal science, and the approval of a significant part of the media, may be a harbinger of repression against believers in the near future.

Mobilisation law status of the clergy under the martial law legal regime in Ukraine

Oleksandr Bilash — 2025-12-22

This article analyses the mobilisation law status of the clergy in Ukraine during the period of martial law. In the fourth year of the full-scale war in Ukraine, the regulatory framework that defines the procedure for the fulfilment of military duty by clergy is still being developed. However, at present, depending on age, health status, affiliation with specific religious organisations, education and personal desire, the mobilisation status of different members of the clergy may vary. Therefore, based on common characteristics, this article identifies several areas for the implementation of such mobilisation status. These include alternative (non-military) service for clergy belonging to religious organisations whose beliefs prohibit the use of weapons, chaplaincy service, issuing of clergy reservation and basic military training for students at higher educational institutions established by religious organisations. In addition to academic sources, this study also examines normative acts, individual decisions of the European Court of Human Rights and national courts, the amicus curiae brief by the Venice Commission and information from statistical sources and mass media.

Disputed Catholic churches in Georgia and restitution policy: more unequal than others

Ketevan Bakhtadze — 2025-12-22

After the collapse of the totalitarian regime and the restoration of independence, Georgia faced the consequences of the Soviet Union’s anti-religious policies alone. Rapid and often ill-considered decisions regarding the restitution of religious buildings confiscated during the occupation created additional complications for the country. During the final years of the Soviet Union and in the first years of independence, Soviet authorities first and then Georgian authorities transferred to the Georgian Orthodox Church not only Orthodox temples but also buildings claimed by other religious organisations. Among these are six Catholic churches that both the Apostolic Administration of the Latin Catholics of Caucasus and the Holy See have requested the Georgian government to return. The absence of a coherent restitution policy, as well as the ongoing attempts to maintain the status quo, have failed to resolve the issue, while the disputed temples have remained a source of tension between the interested churches and their congregations. This article examines the problematic aspects of both the historical and legal ownership of these disputed churches as well as Georgia’s experience with religious property restitution. The paper also analyses the relevant experiences of other countries from a comparative perspective that could prove valuable for Georgia in reaching a final and equitable resolution of religious property restitution disputes. This approach is particularly important, considering that several of the disputed churches are in a deplorable condition and are facing progressive deterioration, and the situation demands immediate intervention by state authorities.

Thoughts on Protestant ecclesiastical jurisprudence in Hungary: A methodological approach to research into Protestant Church law from the perspective of legal dogmatics and public law history

Szilvia Köbel — 2025-12-22

This paper seeks to map the research trajectories in church law and, more broadly, in jurisprudence concerning Protestant churches, with a particular focus on the Reformed Church in Hungary. It highlights the various unexplored areas, aspects and sources of Protestant church law. To achieve these objectives, the study employs two primary methodological approaches: a public law historical approach and a legal-dogmatic analytical method. These two methodologies are inseparable from each other due to the role that the churches have played throughout legal history. Examples from the study illustrate that both these approaches complement and presuppose each other. Ultimately, the combined use of these methods facilitates clearer definitions and aids in the interpretation of contemporary issues in ecclesiastical law.

Specific tax provisions for the Catholic Church in Hungary

Lóránd Ujházi — 2025-12-22

According to the principles established by the Second Vatican Council (1962–1965), the revised Code of Canon Law describes the function of ecclesiastical property as an instrument for the sanctification and teaching of the Church. Although the Code of Canon Law upholds the conventional principle that the Church has an inherent right to acquire property by all legitimate means, the legal provisions governing the Church’s material assets are negligible. Tax collection is a peripheral area within this legal framework. The peculiarity of this institution is due to its public law character. Consequently, this area has historically been subject to concurrent state and Church jurisdiction. In this study, the Hungarian Church is used as a model to trace the changes in universal Church law to the present day. This paper highlights the exposure to state systems and the political debates concerning the fiscal aspects of Church support. This work illustrates that the Hungarian system was and is a follower of broader European models. A distinction is made between ecclesiastical and civil law issues, both in terms of terminology and jurisdiction. This research demonstrates a clear difference in mentality between theologically based canon law and modern civil law systems, not only regarding taxation but also tax exemptions.

A comparative analysis of religious marriage in the Czech Republic and England and Wales

Alexandra Bejvančická — 2025-12-22

This paper focuses on certain aspects of religious marriage that are common to the Czech Republic and England and Wales (e.g. legal impediment of age), as well as the differences between the two jurisdictions (e.g. same-sex marriage). All analyses were conducted with reference to canon law. The paper first presents an outline of the current legal framework regulating marriage and then proceeds to elaborate on how these countries distinguish between civil and ecclesiastical marriages. This is followed by a chapter on the understanding of marriage as a union between two people. In the Czech Republic, this understanding always includes only a man and a woman, while in England and Wales, “marriage” also applies to same-sex couples. The final chapter examines statutory age restrictions for marriage, noting a recent convergence in the minimum legal age considered in both jurisdictions.

The 2024–2025 changes in religious instruction in Polish public schools and their legality

Marek Strzała — 2025-12-22

In 2024 and 2025, Poland’s Minister of Education issued three ordinances aimed at changing the status quo in the field of religious instruction in the country’s public schools. The major amendments introduced include the possibility of merging school groups for religion classes, reducing the number of weekly religion lessons to one hour, making it obligatory to conduct religion lessons directly before or after mandatory classes, and eliminating religion marks from the grade point average. The main concern regarding these ordinances is the procedure used for their issuance. The ordinances were issued by the Minister of Education without the prior consent of the religious communities, even though Article 12 para. 2 of the Education System Act (1991) requires them to be issued “in agreement” with the authorities of religious communities. In the recent judgments of the Polish Constitutional Tribunal (cases no. U 10/24, U 11/24, and U 2/25), it was declared that the issuance of these ordinances violated this provision (in addition to other incompatibilities with the provisions of the Polish Constitution and Polish Concordat, among other acts). Additionally, the majority of the jurists’ opinions raise serious doubts regarding the conformity of these ordinances with the Polish legal system. Indeed, the linguistic, logical, functional, and historical interpretations all lead to the conclusion that Article 12 para. 2 of the Education System Act introduces the requirement of acceptance of the authorities of religious communities when the government is about to issue or change regulations concerning religious education in Polish public schools. Until such consent is obtained, the government is obliged to maintain the status quo, provided that Article 12 para. 2 is in force.

Religious freedom in a multi-faith society: The example of Hungary

Leszek Ćwikła — 2025-12-22

Based on an analysis of the provisions of Hungarian legislation regulating the individual and institutional aspects of religious freedom, this study attempts to determine whether such legislation adequately protects this freedom. It concludes that all Hungarian citizens can equally exercise individual religious freedom. The state can combat behaviour that undermines this freedom by, among other things, enforcing criminal law provisions that define offences against it. Civil law ensuring the protection of personal rights and labour law requiring equal treatment and non-discrimination on the basis of religious beliefs also play an important role. By contrast, when it comes to the institutional religious freedom, the important fact is that the equality for religious communities is not ensured. In this aspect the state does not provide all citizens with the equal opportunity to freely and voluntarily exercise their right to religious freedom.

Jehovah’s Witnesses in the light of the jurisprudence of the European Court of Human Rights – Fundamental problems and trends in case law

Katarzyna Krzysztofek-Strzała — 2025-12-22

Some religious beliefs of the members of Jehovah’s Witnesses community are in conflict with the legal obligations under state law (e.g. mandatory military service), which is reflected in the European Court of Human Rights case-law. The large number of cases brought before the European Court of Human Rights by Jehovah’s Witnesses resulted in increase of the level of protection of the freedom of religious belief and contributed to create a standard of this protection. The study aim is to analyse select rulings divided into groups according to representation of religious freedom in the individual aspect (e.g. the issue of refusing blood transfusions or military service for religious reasons) or in the institutional aspect (e.g. the issue of protection of personal data revealing religion or belief or the regulation of rights and duties of the religious community). The aim of the analysis is to indicate the general standards of protection of religious freedom that the court has adopted when deciding on complaints concerning Jehovah's Witnesses. This jurisprudence has helped to clarify the scope of protection under Article 9 of the Convention (e.g. the Court's acceptance of the right to persuade others to one's faith) and, among many other conclusions, has clearly indicated the obligation of the signatory States of the Convention for the Protection of Human Rights and Fundamental Freedoms to preserve religious pluralism and guarantee complete religious freedom.

The repression of the communist authorities against the Roman Catholic Church in the Białystok Voivodeship in 1966

Krzysztof Sychowicz — 2025-12-22

The change of the political system in Poland after World War II brought about, inter alia, a shift in the state authorities’ attitude towards the Roman Catholic Church. This was connected to a campaign to secularise various areas of social life and to the arrests of “reactionary” priests. These actions were implemented with varying intensity over the following years. After the repression of the Stalinist period, the repressive actions of the party and state authorities against the Roman Catholic Church particularly intensified during the celebrations of the Millennium of the Baptism of Poland. The measures taken by the communists aimed, inter alia, to limit the number of participants in these and other religious events and to combat illegal religious construction, especially chapels, roadside crosses, and the like. This article presents the various actions undertaken in the Białystok Voivodeship by the authorities and their subordinate administrative and party structures, as well as the security apparatus, along with their consequences. A particularly important role was played by the Security Service (Służba Bezpieczeństwa), the Department for Religious Affairs (Wydział ds. Wyznań), and the politically used Penal-Administrative Collegia (Kolegia Karno-Administracyjne). The basis for this article is archival materials produced by party structures, the institutions under their control, and the security apparatus that guaranteed the maintenance of the communist regime. Although the materials produced by the Security Service in particular require a critical approach, they undoubtedly help provide a more complete picture of the events, their causes, and their consequences, among them, the initiation of 33 criminal proceedings against 56 people (including six priests) in the Białystok Voivodeship.

Legal protection of religious symbols incorporated in industrial designs submitted to the Polish Patent Office

Jerzy Szczotka — 2025-12-22

This article explores the legal protection of religious symbols incorporated in industrial designs submitted to the Polish Patent Office pursuant to the Industrial Property Act of 2000. According to this act, the Patent Office, acting ex officio, cannot grant legal protection in the territory of Poland to industrial designs that contain a sign incorporating an element with a high symbolic value of a religious nature, as the use of the element would offend religious sentiments. As part of the examination process for a submitted design, the Patent Office evaluates the fulfilment of the requirements laid down in the aforementioned regulation, the interpretation of which is presented in this article. In this context, an important point to note is that, due to the historically enduring and universal nature of symbols associated with Christianity, they generally possess high value not only for adherents of that faith but also for those who consider the values associated with those symbols as essential to the functioning of society as a whole. Within the framework of applicable regulations, a significant instrument for the legal protection of symbols and, therefore, of religious sentiments is the institution of invalidation and reversal of the Patent Office’s decision to grant registration rights. According to the law, any natural or legal person may initiate such proceedings. This legal regulation creates an opportunity – and, indeed, an obligation – for church institutions and organisations, clergy, Christian associations, communities, movements and even individual believers to take appropriate action.

Catholic registers and civil status records in Polish lands until the mid-twentieth century

Anna Szyszka — 2025-12-22

The term “parish registers” includes all books that a Catholic parish is obliged to maintain, typically with the assistance of a parish office. Special attention should be paid to parish registers in which the Catholic Church registers baptisms and records other significant events in the spiritual lives of the faithful. These books also serve as records of parish residents. This paper’s research problem concerns the origins and evolution of the Catholic Church’s practice of keeping registry books and how this practice was taken over by registry offices in Poland after World War II, resulting in the books being treated as civil status records. The authors analyse the development of the practice of keeping Catholic registers and the legal norms that regulate civil status record keeping. The historical overview highlights the state administration’s takeover of tasks related to civil status registration previously performed by religious organisations. Furthermore, the authors examine pastoral and legal regulations in force within the Catholic Church, employing a legal and dogmatic approach to analyse legal norms adopted by state regarding civil status regulation. The approach taken to solve the research problem involved explaining the key concepts; outlining the origins, history, and methods of keeping parish registers; and presenting legal solutions for transferring vital records to civil status records. After World War II, the legislation was introduced that made it possible to determine the content of a civil status record based on information from parish registers. Consequently, the authorities responsible for maintaining civil status records took over the parish registers held in Catholic parishes and these registers became part of the civil registry office’s resources.

Planning considerations for the location of cemeteries

Marta Woźniak — 2025-12-22

This study aims to identify the current planning conditions for the location of cemeteries under Polish law. Analysing the conditions contained in the Act of 27 March 2003 on Planning and Spatial Development is key to achieving this goal, but the spectrum of relevant regulations goes beyond this law. The study argues that a cemetery constitutes a type of a special area because a specific public law regime applies to its territory, which is related to the special function that cemeteries perform. This regime is separate from the general regime and is based on a mandatory local spatial zoning plan. This study addresses the following research questions. What role does the local zoning plan play in the location of a cemetery? Can a cemetery be established on the basis of a decision on the location of a public purpose investment? What legal character does the consent of the state sanitary inspector have? What is a so-called general plan, and what is its significance for the location of a cemetery?

President Mościcki’s godsons in the light of the files of the Civil Chancellery of the President of the Republic of Poland from the years 1926–1939

Zdzisław Zarzycki — 2025-12-22

The aim of this article is to present the institution of President Mościcki’s godsons in the light of the files of the Civil Chancellery of the President of the Republic of Poland in the years 1926–1939. By initiating a private programme of honorary christening, President Mościcki wanted to draw attention to the need for the Polish state, reborn after 123 years of partitions, to take care of its human capital by offering aid in the proper upbringing and education of the representatives of the young generation. The programme was inspired by similar German and Prussian solutions, known there already in the 19^th century and revived in 1926 and 1928.

In publicistic reports up until the present time it has been emphasised that a total of 912 boys became Mościcki’s godsons. A godson could be a boy born as the seventh son in the family of a Polish citizen holding no criminal record, of Polish nationality and the Catholic faith. However, a preliminary archival search casts a completely different light on the institution of Mościcki’s godsons and undermines the previous findings. The present study focuses primarily on describing the qualifications required of a candidate for a presidential godson and his family, as well as the course of the procedure for submitting candidates and the observed deviations.

The implementation of the constitutional principle of equal rights for churches and other religious organisations in selected provisions of Polish law

Aneta M. Abramowicz — 2025-12-22

The principle of equal rights for churches and other religious organisations is set out in Article 25, Section 1, of the Constitution of the Republic of Poland. It guarantees respect for every person’s freedom of conscience and religion, grounded in the equal dignity of all people. This freedom may also be exercised within a religious organisation. However, the implementation of this principle in the Polish legal system has generated some controversy. This paper aims to examine the implementation of the constitutional principle of equal rights for religious organisations within selected legal regulations. In doing so, it tests the hypothesis that this constitutional principle is not always properly upheld. The principle functions as a legal standard that the Polish legislator strives to observe. However, despite having been in force in the Polish legal system for over 30 years, violations of this principle can still be observed, a fact that deserves criticism. In particular, it is unacceptable to differentiate the status of religious organisations solely on the basis of the form of its regulation.

The limits of freedom of conscience and religion in the workplace – Between religious convictions and the employer’s inclusivity policy

Kajetan Bartosiak — 2025-12-22

This article analyses the legal and ethical limits of an employee’s freedom of conscience and religion in the context of the employer’s right to shape inclusion policies. The main thesis is based on the assumption that finding a balance between the employee’s freedom of conscience and religion and the employer’s right to shape organizational and ideological policies requires recognizing the limits of permissible religious expression. This expression cannot violate the dignity of others or result in reprisals against the employee, unless it is aggressive, discriminatory or incites hatred. The analysis identifies that the boundaries of freedom of conscience and religion in the workplace are subject to individual interpretation, taking into account both the employee’s rights and the employer’s obligations, including counteracting discrimination and shaping the principles of social coexistence. The article contributes to the debate on defining the boundaries of freedom of conscience and religion in the context of labor law, highlighting its implications for the development of inclusivity policies. A key finding is that effective management of value conflicts in the workplace requires employers to create inclusion policies and elaborate on good practices that respect ideological diversity.

Desacralisation of places of worship – adaptation of temples to secular functions in Polish law

Mateusz Fedeńczuk — 2025-12-22

Desacralisation is the process of removing the sacred character of objects previously used for religious purposes and then giving these objects new secular functions. This adaptation of places of worship to secular functions can take a variety of forms. The present paper aims to discuss the use of religious buildings for secular purposes and to address the need to respect constitutional values in this process. The considerations made led to several key conclusions. First, regulations should include the consent or opinion of the relevant church or religious organisation that owns the desacralised temple regarding its secular use. Second, the participation of the local community should be ensured in the desacralisation process. Third, the legislator should indicate the general direction in which the desacralisation of temples might proceed using the institution of urban order. The provisions of Polish law urgently need to be amended to introduce an appropriate procedure for the desacralisation of religious buildings.