Whether the Church Court is Other Court of Justice or with Institution in the Understanding Art. 44 Acts – Law on the System of Common Courts? Cover Image

Czy sąd kościelny jest innym sądem lub organem w rozumieniu art. 44 ustawy – Prawo o ustroju sądów powszechnych?
Whether the Church Court is Other Court of Justice or with Institution in the Understanding Art. 44 Acts – Law on the System of Common Courts?

Author(s): Marzena Andrzejewska, Maciej Andrzejewski
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: ecclesiastical court; state court; orchards church system, verdict of ecclesiastical court

Summary/Abstract: In this article we addressed the issue of the political position of the church court and its status in law of the state in particular, in the context of Art. 44 of the Law on Common Courts. In other words, the question rises whether the ecclesiastical court is a court or another authority within the meaning of the Act, and if not, what is its position in the political system? Additionally, this article addresses the issues of the access of the ecclesiastical court to documents covered by professional confidentiality, in particular by medical secrecy. There are also comments made about the range of possible judicial cooperation between the church and state in a position of de lege lata and de lege ferenda proposals.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 5-17
  • Page Count: 13
  • Language: Polish