I. Historical Background
The Polish post-war periods were characterized by the Catholic Church, especially the three bishops Adam Stefan Sapieha, Stefan Wyszński and Karol Wojtyła. They resisted the occupying power and the communism. The communistic regime tried to reduce the power of the Church and it did not even abhor from murdering clergyman.
II. Social Facts
Poland is known as a Catholic State in the European Union. There are 38,536,869 inhabitants. Although there do not exist any representative numbers, the Catholic Church (Latin Rite) is estimated at about 34,498,271 members. Apart from the Latin rite, there are the Armenian, the Byzantine-Slavic and the Byzantine-Ukrainian rite. These Catholic rites include about 130,000 members. The Pope is accepted as the head of the Catholic Church by all four rites. 509,500 people belong to the Orthodox Church, whereas the Lutheran Church has got only 86,880 members.
III. Basic Categories of the System
Due to historical backgrounds after 1989, the idea of separation between State and Church has been argued rarely. Art.10 of the Law on the guarantees of freedom of conscience and confession declares Poland as a secular state. According to Article 16 of the same law, the State and the religious communities are working together in matters of keeping peace and framing the terms for the development of the State.
IV. Cultural and social exercise of functions
Based on Article 21 of the Law on the guarantees of freedom of conscience and confession, churches and religious communities have the right to found schools, kindergartens and other educational establishments. Nevertheless only 1% of the pupils attend confessional schools. Since 1990 public schools are offering religious instructions. In everyday school life there is a presumption that every pupil takes part in these classes, although it is possible to choose ethical tuition instead.
The theological faculties returned to State Universities in the 1990s after they had been forbidden for more than 40 years.
Besides education, the Church plays a role in the media. Churches and religious communities are allowed to broadcast religious contents. Moreover, some churches and religious communities have their own radio station. Article 25 of the Law on the guarantees of freedom of conscience and confession permits them to maintain publishing companies.
V. Legal foundations
The Polish legal system divides the confessional law into two categories: On the one hand there is the general confessional law, which concerns all churches and religious communities. On the other hand there is the specific confessional law, relating to the target group of the law. The Constitution of 1997 and the Law of 1989 on the guarantees of freedom and conscience belong to the first group. Doubtlessly the Constitution is the most important legal source of the confessional law. The preamble contains an Invocatio Dei that addresses both believers and non-believers.
Article 25 has a fundamental meaning concerning the legal status of the Church and the religious communities which are considered equal. Due to the predominant number of Catholics, the Catholic Church naturally has more influence than the other religious communities. The Polish state has to guarantee the impartiality of religious questions and the freedom to express religious views.
Article 53 guarantees the freedom of religion and conscience. That includes the parent’s right to educate their children in a religious way. Restrictions are permitted in case of danger to the security of the state, public order, health, morale or the rights and freedoms of other people.
In addition to the Constitution the Law on the guarantees of freedom of conscience and confession is the basis of the whole system of the civil ecclesiastical law in Poland.