Religious lessons. The Constitutional Court issued its decision after the decision of the MEN

polsatnews.pl 1 month ago

The Constitutional Tribunal ruled that the provision of a regulation of the Ministry of National Education, which assumes that an assessment from religion should not be included in the calculation of the average of the assessments, was inconsistent with the constitution. The argument pointed out that the provision was introduced without any agreement with the Church and the spiritual unions.

The regulation was applicable from 1 September 2024. Amendment to the Regulation on the assessment, classification and promotion of pupils and listeners in public schools. According to them, the yearly or final classification of religion and ethics is not included in the average grade on the school certificate.

In the explanatory memorandum to the MEN project, it indicated that classes in religion or ethics are not compulsory. "Since classes of religion and ethics are not classes for which the student is obliged to attend, it is not justified that the yearly or final classification grade of these classes will affect the average of the grades obtained" - the ministry stated.

A spiritual lesson task criticized by the Law and Justice. Constitutional Court issued a decision

The PiS Members who challenged these regulations - in the TK represented them Zbigniew Bogucki - they pointed out that the amendment of the regulation "radically changed the rules for the organisation of spiritual lessons in schools, in peculiar eliminated the anticipation of including the final evaluation from religion to average ratings". In their opinion, specified a decision directly influenced the perception of the importance of spiritual lessons by children and young people. "The deficiency of designation of the grade on this subject, as crucial adequate to influence the average grade of the student causes students to discourage themselves from participating in these classes" - they assessed.

Among the allegations of the appeal were the issue of the amendment of the regulation. without agreement and agreement with the church authority. "The agreement and agreement cannot in any way be considered to make public information on consultations held in the ministry and the expression of an opinion by the church side, especially since This opinion was clearly negative" - indicated the PiS MPs.

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In their assessment, "conciliation and agreement means the request to express unequivocal consent to changes made". "No church power in this substance issued specified consent" - they stressed.

This allegation was divided by TK on Thursday, considering that if the regulation "impacts on the approach to spiritual assessments – e.g. by excluding them from the calculation of the average rating, which may have consequences erstwhile awarding certificates with distinctions, awards or recruitment – it straight concerns the organisation of spiritual science".

TK: The change must be agreed with the churches and spiritual unions

"Therefore, if the assessment of religion ceases to be treated as in the case of another subjects of teaching, and thus loses its impact, for example, on the average of the marks and content of the certificate, This is simply a change in the way spiritual teaching is carried out. This change must so be agreed with the Churches and another spiritual unions" - emphasised the Court.

Meanwhile, as the Constitutional Tribunal pointed out, "the controlled legislative change was not introduced in agreement with the church party". As he added, it cannot be considered adequate to get a draft regulation in public consultation negative opinions of, among others, the Commission for Education of the Catholic Conference of the Polish Episcopal Conference or the Bureau of the Polish Ecumenical Council. "It should be noted that no of these posts have been taken into account by the Minister of Education" - added the Court.

"This conviction removes the effect from the legal system, which was carried out by the audited regulations of the regulation of 22 March 2024, which consisted of not including the assessment from spiritual lessons to average assessments" - stressed the Constitutional Tribunal.

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The provision was appealed to the Constitutional Tribunal last August by a group of PiS Members. On Thursday, the Court examined the case in the composition of 3 Judges chaired Jarosław Wyrembak. The rapporteur of the case was the president of the TK Bogdan ŚwięczkowskiAnd the 3rd of the judges was Stanisław Piotrowicz.

"The Tribunal recalls that the conviction has universal force and is final. It is subject to immediate promotion in the authoritative diary of the Laws, with the presumption of constitutionality of the object of scrutiny being ceased in the courtroom as shortly as it was announced" - indicated in the Communication of the Constitutional Tribunal after that judgment.

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