In the dispute between the Episcopate and the MEN on the lesson of religion, the church side is right: the presentation of an opinion is something another than an agreement – said prof. Andrzej Zoll, the president of the Constitutional Court. However, in his opinion, the Church made a mistake in addressing the TK.
Currently, spiritual learning in public schools is optional and takes place in 2 lessons per week. According to the July amendment of the MEN Regulation on the organisation of spiritual lessons, the school head may combine groups of children from different classes and classes in spiritual classes. MEN’s proposals besides imply a simplification in their number to 1 per week, to be done before or after compulsory education.
The Polish Episcopal Conference, together with the alleged Polish Ecumenical Council, sent a petition to the ultimate Court on this matter. According to them, erstwhile the decree was issued, representatives of spiritual unions were only allowed to express an opinion, whereas Article 12 of the Law on the Education strategy requires the minister to act "in agreement with the Catholic Church and the Polish Autokephalist Orthodox Church and another Churches and spiritual Unions".
According to prof. Zoll, the church side is right in this dispute. – The presentation of an opinion is completely different from an agreement due to the fact that it is in no way binding on the authority that makes any decision. Meanwhile, the Act of 7 September 1991 clearly states that it is an agreement, which should be understood as reaching a consensus He said.
He added that the gathering of the Committee of the Joint Representatives of the Government and the Conference of the Polish Episcopal Conference, held on Wednesday in KPRM, gives hope that the government and spiritual unions will come to an agreement. Especially since the parties decided to establish a joint subcommittee on religion at school.
However, according to Prof. Zoll, it was a mistake to mention to the Constitutional Court in this matter. – Churches and spiritual unions have the right to apply to the Constitutional Tribunal in matters relating to them, but in matters concerning whether the content of the legal standard is compatible with the Constitution alternatively than the explanation of the rules - He didn't.
Prof. Zoll recalled that the Constitutional Court had accepted the motion of the 1st president of the ultimate Court and issued a safeguard order which suspended the application of the amendment of the Minister of Education's regulation on the conditions for organising spiritual lessons. However, as he explained, the Constitutional Court is not competent to issue safeguards in specified cases.
– In this case, I powerfully agree with the Ministry of National Education. The Constitutional Tribunal is primarily entitled to find whether a given standard is in accordance with a law or a higher order of law, alternatively than to interpret rules – explained.
Moreover, according to Prof. Zoll, "we no longer have the Constitutional Court". – Unfortunately, 1 has to accept specified a starting point: the Constitutional Court in Poland has fallen apart and makes decisions – due to the fact that it is hard to even call it a ruling – which completely exceeds its competence. All these safeguards have no legal effect – he said.
Prof. Zoll besides referred to the words of the cardinals. Kazimierz Nycza, who stated that 1 hr of spiritual or ethical lessons per week should be compulsory for all students. The president of KEP archbishop Tadeusz Wojda expressed a akin opinion on this issue in an interview with PAP.
According to erstwhile TK president, catechesis should not be taught in school, but in parish. – Religious lessons should be held at school, which is part of the cognition of culture – he noted. In the opinion of Prof. Zoll, cognition of different religions should be passed on in spiritual studies, although Christianity should have a peculiar position, given its place in European culture. – Christianity, alongside Greek doctrine and Roman law, is the foundation of European ethics and culture – he said. Prof. Zoll recalled that akin solutions be in many European countries, specified as France, which is simply a laity state.
– Catechesis understood as a teaching of truths of religion and commandments should be held in parishes. However, I believe that the principles of religion and spirituality which are passed on during catechesis besides educate man. so – in my opinion – the catechesis in parishes should besides be financed by the state He said.
Source: PAP
Who will save Polish school? About spiritual lessons and more
