On his Twitter profile, Krzysztof Bosak wrote that the order to ban spiritual symbols from being placed in offices was illegal, presenting a list of detailed legal arguments. The Deputy Marshal besides added that the resolution is "saturated with a new-mash circumstantial to the progressive left, sex explanation and LGBT movement".
The president of Warsaw's own decree is very short (1 page, 7 paragraphs). The issue of removing crosses concerns standard 4 from the ‘Set’ area (p. 11). Quote with full passage: "No symbols related to a peculiar religion or religion are displayed in the buildings of the office accessible to outsiders and during events organised by the office. This does not apply to spiritual symbols worn by persons working in the office for individual use, e.g. in the form of a medallion, tattoo, armband. The events organised by the office are secular, i.e. they do not contain spiritual elements, e.g. prayers, services, ordination," the paper states.
Bosak stated that the freedom to display the cross is settled by the ultimate Court case law and can only be limited by law (not by the employer's order or local government authority), only in circumstantial cases. The top-down dechristianisation of the working environment clearly contradicts the rule of the impartiality of the authoritiesIt is besides a violation of freedom of conscience.
Continuing the theme, Krzysztof Bosak presented a list of 9 legal arguments.
- The preamble to the Constitution of the Republic of Poland, indicating the explanation of its detailed provisions, clearly indicates the admissibility of Christian symbols in public places, including them in its own words: twice it refers to God ("believers in God", "in a sense of work to God") and appreciates Christian culture ("thanks our ancestors for (...) the culture rooted in the Christian heritage of the Nation").
- The order of the president of Warsaw violates the rule of the impartiality of the authorities and the right to express spiritual beliefs freely in public life, contained in Article 25(2) of the Polish Constitution: “Public authorities in the Republic of Poland keep impartiality in matters of spiritual beliefs, worldviews and philosophical beliefs, ensuring freedom of expression in public life.”
- The order of the president of Warsaw is profoundly contrary to Article 53 of the Constitution of the Republic of Poland, which provides for each "freedom of conscience and religion", including freedom to "exeal individually or with others, publically or privately, his religion". Moreover, "the freedom to express religion can only be limited by law" and only in circumstantial cases of protection of another constitutionally protected goods and rights.
- The wording quoted by the president of Warsaw on the "worldliness" of the state ("Rzeczpospolita Polska is simply a secular state, neutral in matters of religion and belief") is only statutory; and in the Constitution the word "worldliness" does not fall. This Act (Law of 17 May 1989 on guarantees of freedom of conscience and religion) was adopted in the context of the fall of the Polish People's Republic, even before the establishment of the current Constitution of Poland, raising to a higher level guarantees of spiritual freedom.
- In its judgement of 20 September 2013 (Event II CSK 1/13), the ultimate Court ruled that ‘a individual who declares himself unbeliever cannot anticipate to have no contact with believers, their practices and spiritual symbols, due to the fact that in social life this would be tantamount to limiting the freedom of conscience of believers’.
- By decision of 15 July 2010 (Event III SW 124/10), the ultimate Court besides ruled that ‘the presence of the cross at the electoral premises to which the primary school had made the area available cannot be read as discrimination against another religions’.
- The ultimate Court besides ruled by judgement of 6 September 1990 (Event mention I PRN 38/90), that the symbolism of the cross is "commonly understood, affirmative for not only Christian culture but even all-human culture", and so that an worker who refuses to obey an employer's order in the form of an order for the photograph of the cross hanging in the workplace does not violate any worker obligation.
- It is besides worth noting that during the first PO governments (2007-2011) The Sejm and the legislature issued resolutions highlighting the function of the symbol of the cross in Polish public life. By Resolution of 3 December 2009 The Polish Parliament stated that "the sign of the cross is not only a spiritual symbol and a sign of God's love for people, but in the public sphere reminds us of his willingness to sacrifice for another man, expresses values that build respect for the dignity of all man and his rights", and "both individuals and communities have the right to express their own spiritual and cultural identity, which is not limited to the private sphere." This resolution was an initiative of joint POs, PiS and PSL Members and was voted for by 177 PO Members.
- On the another hand, by a resolution of 4 February 2010, the Commission adopted a proposal for a regulation of the European Parliament, the Council and the Council. The Polish legislature stated that: “Cross, which is simply a sign of Christianity, has become permanent for all Poles, regardless of religion, a symbol of universal values widely accepted, as well as the pursuit of truth, justice and freedom of our Homeland”, so that “any effort to prohibit the placing of the Cross in schools, hospitals, offices and public spaces in Poland must be regarded as congruent to our tradition, memory and national pride.” The proposal for a resolution was submitted by 2 OP Senators (Łukasz Abgarowicz and prof. Marek Rocki). 54 senators from the PO (all but one) voted for the resolution.
Trzaskowski vs. Cross. Facts and arguments. (Hi 2/3)
Detailed legal arguments for the thesis that the order of the president of Warsaw @Smack_ the removal of crosses is unlawful:
1.Preamble of the Constitution of the Republic of Poland, indicating directions for explanation of its detailed provisions,... pic.twitter.com/XrEKZbx5ZY
Nationals.net
