Little Manowska accuses the contested regulation of violating it the principle of “a consensual way of regulating relations between the State and the Churches” and prevent the “teaching of religion in the manner specified in the curriculum of this subject” in connection with the creation of grounds for the organization of religious education in interclass or interclass groups.
According to Manowska, When editing the regulation, Nowacka exceeded the statutory delegation with regard to the creation of interdepartmental groups.
Given that the regulation will come into force on 1 September 2024, Manowska included in the application: request for guarantee, suspending the application of the regulation.
Representatives of the Polish Bishops’ Conference and the Polish Ecumenical Council have submitted a request to the First President of the Supreme Court to refer the regulation to the Constitutional Court. Lay catechists have also previously expressed their concerns.
The Episcopate raises the same accusations as the lay catechists – the regulation was issued without reaching an agreement with the Church, which in their opinion is necessary in this regard. “The project was improperly submitted to public consultation without reaching (or even trying to reach) an agreement with representatives of the Catholic Church and other religious associations.” – wrote Bishop Wiesław Osial in a letter to Barbara Nowacka.
The Episcopate also draws attention to: location of catechistswho can lose their jobs almost overnight. According to the KEP, this constitutes a violation of several constitutional principles, including: the principle of protecting citizens’ trust in the State.
A similar argument is put forward by the Polish Ecumenical Council, which refers to: Regulation on the principles of legislative technique 2002. Council members also recall past attempts to change the rules on teaching religion in schools, which – due to a lack of agreement with the church – did not materialize.
“It should be emphasized that the procedure for issuing the 2024 regulation does not meet the standards set by the Constitutional Court for the issuance of a regulation by the competent minister in consultation with the representation of a given professional self-government or trade union.“- we read in the position of the Polish Ecumenical Council.
