Spis treści



Spis treści





Jerzy Nikołajew: Bezstronność światopoglądowa organów państwa polskiego na przykładzie orzeczenia WSA w Warszawie II SA/2293/11 – wyrok z 20 marca 2012 roku. Uwagi o charakterze aprobującym [pdf]
Marta Osuchowska: Glosa do wyroku Sądu Okręgowego w Szczecinie z dnia 26 marca 2010 roku (sygn. I C 28/10) [pdf]
Michał Poniatowski: Glosa do wyroku Trybunału Konstytucyjnego z dnia 14 grudnia 2009 roku (sygn. akt K 55/07) [pdf]
Konrad Walczuk: Glosa do wyroku Trybunału Konstytucyjnego z dnia 27 listopada 2012 roku (sygn. akt U 4/12) [pdf]
Paweł Jaranowski, Olgierd Pankiewicz: Krytyka stanowiska Komitetu Bioetyki przy Prezydium PAN w sprawie klauzuli sumienia w opiece zdrowotnej [pdf]
Maria Kierska, Tomasz Marek: Zatwierdzenie i stwierdzenie wykonalności ugody w kontekście zasady poufności mediacji [pdf]
Ks. Tomasz Duma: Kultura a poznanie [pdf]





Sprawozdania i recenzje


Justyna Gnyś: Spór o naturę ludzką. Sprawozdanie z XVI Międzynarodowego Sympozjum Metafizycznego z cyklu „Zadania współczesnej metafizyki”, Lublin: KUL, 12 XII 2013. [pdf]
Ks. Ryszard Groń: Sprawozdanie z 49. Międzynarodowego Kongresu Studiów Mediewistycznych i z Konferencji Studiów Cysterskich, Kalamazoo, 8–11 maja 2014. [pdf]
Hubert Wiśniewski: Prawda prawdzie nierówna, rec.: Tomasz Pawlikowski, Prawda następstwem istnienia. Problem prawdy w interpretacji św. Tomasza z Akwinu, Lublin: KUL, 2013. [pdf]
Ks. Janusz Mariański, rec.: Mariusz Zemło, Między szkołą a domem. Konteksty socjalizacyjne młodzieży szkół ponadpodstawowych, Lublin: KUL, 2013. [pdf]






Ideological impartiality of public authorities on the example of the provincial Administrative Court's decision No. II SA/2293/11 – judgement of 20th March 2012. Approval notes abstract

The subject matter of this discussion is the the administrative court’s decision on prohibition of personal data processing by the parish priest with respect to those who declared defection from the Catholic Church. First, the author examines the facts of the case and then the court’s decision in this matter. The paper refers also to the relevant national legislation, EU directives and guidelines of the Episcopate of the Catholic Church in Poland, which was in fact invoked by the administrative court. The article ends with conclusions that the said judgement is in line with the constitutional principle of the state ideological impartiality and equality of religious association.


Keywords:state ideological impartiality, personal data protection, declaration of defection from the Catholic Church



Gloss to the verdict of District Court in Szczecin of 26th March 2010 (act call no. I C 28/101)

The verdict has been voted on in a dispute concerning the placing of religious symbols in public places. The subject of this gloss is to draw attention to the reasons of the court concerning the religious symbolism in the public space, with a particular focus on buildings of public authority. The court noted that the interpretation of the concept of “impartiality” in the case of Polish constitutional order does not mean indifference. The existing dispute between meaning of “impartiality” and “neutrality” is not adequate resolved. This results in the adoption of the open nature of the concept of neutrality in the Polish legal system. When placing religious symbols in the municipal office building, there is no legal basis for it directly allow. There is also no prohibitions that prevent such developments. This is due to the application of the right to manifest religious beliefs of people working in the indicated building. In turn, the symbolism of the cross in a public space can not violate the dignity, or can not restrict or cause of social exclusion of a mature person holding a worldview. Therefore, religious symbols hanging out at the premises of public authorities, in itself, does not affect the freedom of religion and conscience of individual citizens. The court in Szczecin held that the provisions of art. 25.2 of the Polish Constitution does not prohibit the placing of religious symbols in public spaces, in particular in the offices.


Keywords: impartiality, neutrality, conscience, religion, symbol, the cross



Commentary on judgement polish Constitutional Court of 14th December 2009 (signature act K 55/07)

Subject of the analysis in the article is the judgment of the Polish Constitutional Court of 14th December 2009. (signature act K 55/07). This sentence addresses the issue of public funding of three ecclesiastical universities in Poland (Pontifical Faculty of Theology in Warsaw, Pontifical Faculty of Theology in Wroclaw, Higher School of Philosophy and Education „Ignatianum” in Cracow). The Court found no violation of the Constitution by funding these schools with public funds.
The article presents a synthesis of the arguments of the Court’s finding of no violation of the constitutional principle of impartiality of the public authorities in matters of religious belief, or in relation to outlooks on life or philosophical expressed in article 25.2 of the Constitution of 1997. Author of the article welcomed to this verdict and stated that it is necessary introduce a system of church financing higher education from public funds in Poland.

Keywords: state, church, religious right, the relationship of church



Commentary on the Constitutional Court's judgement of 27th November 2012

(file act no. U 4/12)

In its judgment of 27 November 2012 (File Act no. U 4/12) The Constitutional Court has rightly concluded with reference to the so-called ritual slaughter that § 8. 2 Regulation of the Minister of Agriculture and Rural Development dated 9 September 2004 concerning the qualifications of persons entitled to the professional slaughter, and the conditions and methods of slaughter and killing of animals is incompatible with Art. 34 paragraph 1 and 6 of the Act of 21 August 1997 about Protection of animals, and by this Article 92 paragraph 1 of the polish Constitution. It should be emphasized that the judgment of the Court concerned essentially only formal issues beyond its scope, leaving the matter of the relationship between particular freedoms and rights (mainly human and civil), which imamy dealing with ritual slaughter. It is expected that these issues also will be subject to the substantive activities of the Constitutional Court.


Keywords: ritual slaughter, sources of law, religious freedom, animal rights, the Constitutional Court



A critique of the PAN Presidium Bioethics Comittee position of conscience clause

in medical care system

This paper presents a critique of PAN Presidium Bioethics Committee (BC) position on conscience clause from 12 november 2013. We argue here that BC conceptions are based on a reductionist philosophy, which foundations are foreign to hipocratic medical ethics. Simultaneously we remind physicians obligations steming from the nature of patient-doctor relation, separating them from ignoble, extraneous ones. Furthermore, we outline a split between BC argumentation and laws ethical principles all together with contemporary medical knowledge We show that the resolution of conflicts surrounding the conscience clause in reproductive medicine lies not in restraint, but in recognition of dignity and right to life of the sick, also prior to birth. Concluding point given is a negative assessment of the BC position, viewed as devoted not to medical ethics, but merely to executing contracts in public health services so that they can serve any goal.


Keywords: medical ethics, bioethics, reproductive medicine



Enforcing mediated settlement in the light of mediation confidentiality

Mediation is one of the most popular and developed alternative dispute resolution methods. Especially in the western European countries and the USA. In contrast, in Poland mediation still stays an undiscovered way of problem solving, due to the lack of both clear statutory regulations and well-founded judicature on mediation’s core elements and ground rules. One of the fundamental axioms of mediation is the importance of confidentiality. It allows parties to fully engage in the process. The confidentiality rule was designed to give all participants the assurance that nothing said or done in the mediation process, can be further disclosed, exploited or used (e.g. in the court proceedings).
Nonetheless, even though mediated settlement, as a result od both parties consensus, is in most cases abide by the parties, there might be cases when one of the parties questions its validity, and attempts to resist enforcement of the agreement. This article deals with both grounds for possible defenses, such as the dispute about existence or content of the mediated settlement, as well as the contract defenses (i.a. fraud, duress). In that aspect, development of the mediation process, parties’ behaviour and standpoints are often crucial to evaluating the validity of the agreement, yet this evidence would undermine the rule of mediation confidentiality. This article aims to explore competing policies between enforcing mediated settlement and maintaining the confidentiality of the mediation process, in polish and common law system.


Keywords: mediation, settlement, evidence, confidentiality, contract defenses



Culture and Knowledge

The article deals with the problem of relation between culture and cognition. The author presents the most important manifestations of the crisis of contemporary culture, counting among them the technicization of life, the depersonalization of man and the relativization of value. The main cause of such situation sees in the separateness of culture from nature, and especially from human being’s natural dispositions, among them the principal place has the mind. It concerns first of all the autonomization of culture in respect to cognition, which in recent times significantly has been undergo to relativism, so that the only sphere available to man’s cognition remained his own creativeness. The consequence of it is a closing up of the mind in itself, convicting the culture to exhaustion. As a reason of the culture’s autonomization in relation to cognition author points out the loss of three basic aspects of knowledge, distinguished already by Aristotle – theoretical, practical, and pojetical. A return to this distinction regards as necessary condition to restore the rationality both alone cognition and culture as well. Analysing various aspects of knowledge shows that theoretical cognition is a real basis of all rational human activity, without which any culture cannot arise. In the practical cognition whereas emphasizes an assignment of human action to good, which is its one and ultimate motive, whereof implies that culture-creative are first of all those activities that are motivated by real and not by seeming good. He also notes that pojetical knowledge cannot be reduced to a freely realization of human imagination or creative powers of man, because it is the result of theoretical and practical cognition, expressing in perfecting of the world of nature by imposing upon it the laws of spirit. In the light of what has been said the fundamental purpose of the created by man culture is perfecting of himself in the above-mentioned aspects.


Keywords: good, culture, nature, science, morality, knowledge, truth, art

Autor: Robert Kryński
Ostatnia aktualizacja: 04.02.2016, godz. 13:23 - Robert Kryński