The registration procedure of churches and religious organizations in Poland based on the example of The Church of the Flying Spaghetti Monster – administrative and legal studies Cover Image

Procedura rejestracji Kościołów i innych związków wyznaniowych w Polsce na przykładzie wspólnoty Kościoła Latającego Potwora Spaghetti – studium administracyjnoprawne
The registration procedure of churches and religious organizations in Poland based on the example of The Church of the Flying Spaghetti Monster – administrative and legal studies

Author(s): Piotr Rączka, Jakub Zemła
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: freedom of conscience and religion; registration of religious community; pastafarianism; registration procedurę; discretionary decision

Summary/Abstract: An attempt to register The Church of the Flying Spaghetti Monster in Poland is an example of an differentiation in freedom of religion standards by the Polish state. Freedom of conscience and religion phrased en bloc in the article 53 of The Constitution of The Republic of Poland guarantees to the followers of the religions not only to create the religious community but also to legitimize tchem in the legal context. It is the Law on guarantees of the freedom of conscience and religion that regulates the issue of creating religious communities in sensu legal. It enables Polish citizens to register an institution in a record of churches and religious organizations. It would seem that current legal regulations exclude the discretion regarding the decision of registering body, and in consequence, that they guarantee the freedom of registration of churches and other religious organizations. However, when it comes to the registration procedure of Pastafarian community, there is a visible discord between intentions of the lawmaker, who denies the discretion to the registering body, and its actual actions.

  • Issue Year: 219/2019
  • Issue No: 3
  • Page Range: 7-35
  • Page Count: 29
  • Language: Polish
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