"It is the dream of all authority that the subjects should accept their decisions with submission, regardless of their legitimacy. Meanwhile, the regulation of law is that "public authorities operate within the limits and on the basis of the law" (Article 7 of the Constitution) – says Fr. Piotr Stanisz, Head of the Department of spiritual Law, Faculty of Law, Canon Law and Administration of the KUL, responding to arguments presently put forward by the management of the Ministry of National Education.
Commenting on the fight that the Tusk government had expressed in teaching religion, the clergy appealed to the movie associations of the banners for the past system. – I was reminded of the scene from “Misia” by Stanisław Barea, erstwhile Stanisław Tym, incarnate in the function of the main character, tries unsuccessfully to choice up his coat from the locker room. By not agreeing to take another cover and insistently demanding his own, he yet hears, “We do not have your coat and what the Lord will do to us!” In the speeches of the MEN management, the same notes echo: awareness of the stronger position and the will to usage it despite the incompatibility of specified action with the applicable standards. On the another hand, returning to the Minister's message about the dragon and the expected usage of the PiS, this seems to be an expression of any obsession. The petition to the First president of SN was not made by PiS, but by Churches – he says.
Fr. Prof. Stanisz besides referred to the Ministry of Education's claim that changes follow consultation with the Episcopate. – This is simply a classical example of the sophism of enlargement, or, in another words, attacking the ladle. Mr. Minister [Barbara Nowacka and Katarzyna Lubnauer] with a commitment worthy of a better case overturns a charge that is not being filed at all. I have no uncertainty that they do so with full premeditation. It's not that there was no consultation, it's that there was no agreement. Among another things, representatives of the Episcopate concentrated on this allegation in letters sent in the public consultation, and above all (although not only) concerns the petition with which the First president of the ultimate Court addressed the Bureau of the Polish Parliament and the Polish Ecumenical Council – explains the interviewer KAI, citing Article 12(2) of the Act of 7 September 1991 on the education strategy which requires agreement.
He besides cited the Regulation of 14 April 1992 on the conditions and manner of organising the teaching of religion in public kindergartens and schools, which, as required by the Law, were agreed with the Church and representatives of the various spiritual communities which had signed their signatures under agreement. no of this has happened today.
Prof. Piotr Stanisz besides answered the question about the alleged compatibility of the improvement with the higher order of legal documents.
– Many centuries ago, Roman lawyers coined a parema that nemo iudex in causa sua (no 1 can be a justice in his own case). I have no problem accepting that the Minister is convinced of her own opinion. But that doesn't mean he's right. The churches are besides convinced of their own opinion and have so asked the First president of the ultimate Court to assist in bringing the case to a resolution by an authority which, according to the Constitution of the Republic of Poland, is called upon to do so. In doing so, they made usage of the provisions of the Law on Petitions, in which all natural and legal individual was entitled to petition the public authority. –
Finally, the prof. was asked if the Constitutional Court had not been under the control of the Tusk Government, he would have made a different decision. – I have no uncertainty about that. I am strangely calm that no honest justice will say that it is adequate to comply with the request to act “in agreement” to be able to do what was planned in advance. – he said.
Source: KAI / spoke Marcin Przeciszewski
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