Spokesman of the Polish Bishops' Conference: The Constitutional Tribunal's judgment on the Ministry of National Education's regulation of 17 January this year on religious education confirms the allegations formulated by the Church

https://episkopat.pl/doc/231363.Rzecznik-KEP-Wyrok-Trybunalu-Konstytucyjnego-o-rozporzadzeniu

On July 3 this year the Constitutional Tribunal ruled that the Education Minister's January 17, 2025, regulation amending the regulation on the conditions and manner of organizing religious education in public kindergartens and schools (Journal of Laws 2025, item 66) is incompatible in its entirety with Article 12(2) of the Law of September 7, 1991, on the educational system, in conjunction with Article 92(1), Article 25(3) and Articles 2 and 7 of the Constitution of the Republic of Poland.

On 27 January this year, the Presidium of the Polish Bishops' Conference submitted a petition to the First President of the Supreme Court asking for a motion to the Constitutional Tribunal that the amending regulation of the Minister of National Education of 17 January be examined in terms of its legality and constitutionality.

The Spokesman of the Polish Bishops' Conference recalled that, according to the opinion consistently voiced by Church representatives, the Ministry of National Education's regulation of January 17, 2025, is an unlawful act, as the agreement required by law with the Catholic Church and other interested religious associations was not reached on its content. In addition, Fr Gęsiak pointed out that “placing religious education in the schedule before or after compulsory classes harms the rights of students and teachers of religious education". “This is a manifestation of discrimination against teachers of religious education, who meet all the requirements prescribed by law to work on an equal basis with other teachers,” he admitted. He further noted that the regulation restricts the right of believing parents to raise their children in accordance with their own beliefs (Article 53(3) in conjunction with Article 48(1) of the Constitution of the Republic of Poland) and the right of the students themselves to systemic support “in their development toward full maturity,” which includes the spiritual sphere (Article 1(3) of the Education Act).

Fr Gęsiak pointed out that the amending regulations of July 26, 2024, and January 17, 2025, introduced significant changes in the organization of religious education in public schools and kindergartens. He acknowledged that both amending regulations were issued without observing the procedure provided for in Article 12(2) of the Education Law. “Also, after the first ordinance of July 26, 2024, was published by the Ministry of Education, the Presidium of the Polish Bishops' Conference forwarded a petition to the First President of the Supreme Court with a request to apply to the Constitutional Tribunal to examine its compliance with acts of a higher order,” Fr Gesiak recalled. At the same time, he stressed that the Constitutional Tribunal's first judgment of November 27, 2024, which has not yet been published in the Journal of Laws, also states that the Ministry of National Education's regulation of July 26, 2024, is incompatible with the provisions of the Constitution of the Republic of Poland and Article 12(2) of the Education Act.

The Spokesman of the Polish Bishops' Conference said that in view of the unlawful actions of the Ministry of National Education, the Polish Bishops' Conference will take further legal action, including in international institutions. “It is to be hoped that legal order will be restored, i.e. the regulations repealed by the Constitutional Tribunal will be revoked and will not be followed by the entities responsible for education in Poland,” stressed Fr Gęsiak.

“The Polish Bishops' Conference is calling for the Ministry of National Education to comply with the law,” Fr Gęsiak noted.

Press Office of the Polish Bishops' Conference