On Friday, a decision by the Constitutional Court (TK) to suspend the application of the Ministry of Education and discipline (MEN) regulation on the organisation of spiritual lessons appeared on the ultimate Court website. This decision was taken by the judges' panel chaired by Julia Przyłębska, with the participation of the judges Krystyna Pawłowicz and Bogdan Święczkowski.
The order of the Constitutional Tribunal is simply a consequence to a request made by the 1st president of the ultimate Court, Małgorzata Manowska, who appealed to the Court this week by the July MEN Regulation. Its action was initiated by petitions of the Episcopal Bureau and the Polish Ecumenical Council. Manowska asked the Constitutional Tribunal to suspend the application of the fresh rules, arguing that their immediate implementation, planned for 1 September, could have serious legal consequences.
Reasons for suspension
The Court considered that the introduction of fresh solutions for the organisation of spiritual lessons in inter-branch and inter-class groups could lead to a simplification in the posts of spiritual teachers, and in any cases even to their dismissal. The grounds for the decision indicate that the introduction of fresh regulations may have irreversible consequences if the Court’s subsequent ruling finds that the rules are unconstitutional. The CCC stressed that it would not be possible to reverse the effects of the abrupt failure of employment by spiritual teachers, which could be due to the contested regulation.
Court and the contested MEN Regulation
The July amendment of the MEN Regulation enables the organization of lessons of religion and ethics in inter-branch and inter-class groups, which means that students from different classes can be combined in these classes. So far, spiritual lessons have been organized if at least 7 students from a branch have come in. In the case of less volunteers, the school organized lessons in mixed groups.
In her motion to the TK, Małgorzata Manowska argued that the fresh regulations could violate the rule of consensus regulation of relations between the state and the churches. In addition, she pointed out that these provisions could prevent the teaching of religion according to the programme, and would consequence in a abrupt simplification in the request for spiritual teachers.
Ministry of Education response
In consequence to the decision of the Constitutional Tribunal, the Ministry of Education and discipline issued a message stating that the decision of the Court had no legal effect. The hotel maintains that the Regulation was legally issued and will apply from 1 September.
President Julia Przyłębska announced that the Court would issue a final ruling on the contested regulation in the close future. Until then, the decision to suspend its application remains in force, which means that the existing rules for the organisation of spiritual lessons will apply at least until the final judgement is given.
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