Constitutional Principles Governing the Institutional
Relationship between the State and Churches and
Other Religious Organizations
– An Assurance of Religious Safety in Poland
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Wyższa Szkoła Gospodarki Euroregionalnej
im. Alcide De Gasperi w Józefowie
Publication date: 2014-06-30
JoMS 2014;21(2):351-368
KEYWORDS
ABSTRACT
In modern constitutions, there is a provision regarding the principles
governing the relationship between the state and the Church. These are
basic principles, or rules, which define a certain model that is realized in
the entire legal system. The model that was written into the Constitution of
the Republic of Poland, adopted on 2 April 1997, constitutes a capstone of
changes to the legal system that occurred during the period of 1989-1997.
Moreover, it has ensured the religious safety of the democratic state that
Poland had become after 1989.
Art. 25 contains the principles governing the institutional relationship
between the State and the churches and other religious organizations. The
provision ensures religious safety in the functioning of churches and other
religious organizations in Poland.
Art. 53 of the Constitution, found in Chapter II: “The Freedoms, Rights
and Obligations of Persons and Citizens”, ensured the religious safety in
terms of the right to freedom of conscience and religion that every person
is entitled to.
The principles established in Art. 25 and 53 of the Constitution of the
Republic of Poland protect the two dimensions of freedom: the freedom of
conscience and religion. The freedom of religion protected at the institutional level, i.e. it defines the rules governing the relationship between the
State and churches and other religious organizations. Moreover, the right
to the freedom of conscience and religion protected at the individual level.
Those who belong to churches and religious organizations are, at the same
time, the citizens of the Polish state. Therefore, they need the state to ensure
that they can safely practice their religion. The assurance of religious
safety at the individual level constitutes the basis for religious safety at the
institutional level, since both these categories are interconnected.