In a recent move, Polish Minister Barbara Nowacka issued an amendment to the 1992 Ministry of Education regulation on religious education in public schools. However, legal scholars, including Professor Paweł Borecki of the University of Warsaw, argue that this action violates Article 12, Section 2 of the 1991 Education System Act. According to Borecki, the regulation change occurred without the required consultation with religious institutions, thereby undermining the constitutional principle of legality, which mandates that public authorities act within the confines of the law.
Procedural and Constitutional Issues
Professor Borecki further criticized the regulation, labeling it as procedurally flawed, illegal, and consequently unconstitutional. He suggested that the regulation should be challenged before the Constitutional Tribunal. Borecki expressed confidence that the Tribunal, regardless of its political leanings, would rule the amendment unconstitutional, as the law’s requirements were clearly not met.
The controversy also touches on the reduction of religious education in schools to one hour per week. While this change does not conflict with the 1993 Concordat between Poland and the Vatican, Borecki emphasized that such a significant amendment requires church approval, which was not sought. This omission adds another layer of legal and procedural concern to the situation.