Opinia na temat wniosku dotyczącego „wydania zarządzenia nakazującego usunięcie krzyża łacińskiego, znajdującego się w sali posiedzeń Sejmu RP”.
Legal opinion on the request for “an order requiring the removal of a L atin cross located in the Chamber of the Sejm”.

Summary/Abstract: The opinion consists of Part I – the issue raised by the request and its possible solutions, and Part II, which contains comments on the reasons for the application. The Constitution requires that public authorities maintain impartiality in matters of religious, moral or philosophical beliefs, while ensuring their freedom of expression in public life. Impartiality requirement restricts the freedom to preach these beliefs by public authorities. Impartiality disclaims any bias in matters of religious belief. The author claims that placing the cross in the parliamentary hall created an irreversible situation – deprived the Sejm from the opportunity to impartially conduct in this matter, because the removal of the cross will not mean independence, but it will be replaced by the belief that the cross should not be in the Chamber. Leaving the cross intact also will not be impartial. Therefore, impartial behaviour on the cross is not possible. The author concludes that the Constitution requires respect for the position of minorities whose existence cannot overemphasize the democratic legitimacy of majority choice which respects the dignity of the individual.

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