Less religion at school. The Constitutional Tribunal found the decision of the Ministry of National Education as unconstitutional

The Constitutional Tribunal ruled that the ordinance of the Ministry of National Education, stipulating that from September 1 this year. Religion or ethics will take place in schools of one hour a week, is unconstitutional. The Minister of Education arbitrarily shaped the content of the regulation – it was emphasized in the justification of the judgment.

On Thursday, the Tribunal issued a decision of three judges chaired by the president of the Constitutional Tribunal Bogdan Święczkowski. The reporter was Krystyna Pawłowicz; Stanisław Piotrowicz was also in the composition. The decision was made unanimously. The case concerned the amendment to the Ministry of National Education Regulation of 17 January 2025, which introduces from September 1, 2025 one hour of religion or ethics per week, taking place immediately before or after compulsory classes.

“The Tribunal considered that the procedure for the Minister of Education of the contested regulation is inconsistent with the statutory regulation, which obliges the minister competent for education to act in consultation with representatives of churches. The Minister of Education arbitrarily shaped the content of the contested regulation. oral motives of the sentence.

“The Minister of Education did not fulfill the obligation to cooperate in agreement, ignoring doubts reported by the Churches,” emphasized the judge of the Constitutional Tribunal.

She also informed that the Court ruled that the amendment to the Regulation of the Minister of Education of January 17, 2025 was entirely incompatible with Article 12 para. 2 of the Act on the education system in connection with art. 92 para. 1, art. 25 para. 3 and art. 2 and 7 of the Polish Constitution. “As a result of failure to comply with the proper procedure of issuing the regulation, it is a lack of action in agreement,” added Pawłowicz.

Art. 12) 2 of the Act on the education system, it says that the head of the Ministry of National Education “in consultation with the authorities of the Catholic Church and the Polish autocephalous Orthodox Church as well as other churches and religious associations” sets out the principles of organizing religion science in kindergartens and schools.

The ordinance of the Minister of National Education to the Constitutional Tribunal appealed in April the first president of the Supreme Court Małgorzata Manowska. In the justification, she indicated, among others to omit the positions of churches and religious associations and to violate the constitutional law of parents to determine the moral and religious education of children.

“In relation to the contested regulation, there was no question of any form of taking into account the positions of the church party, presenting numerous reservations about such far -reaching changes – reduction of religion lessons by half, or even more so about the acceptance of the proposed solutions” – wrote and the president of the Supreme Court in the justification of her application. As she assessed – justifying the contradiction of the regulation with the constitution and the concordat – during its release “there was a unilateral and completely independent action of the Minister of Education, which omitted the positions of interested representatives of churches and religious associations.”

During the hearing, the applicant was represented by dr Marcin Stębelski from the Office of Studies and Analysis of the Supreme Court. Representatives of the Ministry of National Education and the Prosecutor General were absent.

This was another matter regarding the ordinances of the Ministry of National Education regarding religion. November 27 last year The Constitutional Tribunal found unconstitutional provisions of the amendment to the Ministry of National Education Regulation of July 26, 2024, which enabled to combine students from different classes in groups depending on the number of willing to religion. The application was submitted by the first president of the Supreme Court. At that time, the Ministry of National Education found that the judgment of the Constitutional Tribunal did not have legal effects, claiming that the regulation was legal.

May 22 this year. The Constitutional Tribunal ruled on the unconstitutionality of the amendment to the Ministry of National Education Regulation of 22 March 2024, which excluded the grade from religion from the average grade. This matter was initiated by PiS deputies. Education Minister Barbara Nowacka in a letter to the Constitutional Tribunal emphasized the lack of legal authorization of the CT decision, and in a conversation with PAP last week noted that the ministry has no signals that schools include grades from religion and ethics to the average.

Recently, the Association of Secular Catechists has collected half a million signatures for the bill “Yes for religion and ethics at school”, providing for two mandatory hours of religion or ethics a week; Signatures were made in the Sejm. Earlier, in January this year, the Presidium of the Polish Episcopal Conference recognized the ordinance of the Ministry of National Education at one hour of religion as an “unlawful act” and appealed to abandon the confrontation actions.

In addition, the KEP Presidium – in February and April this year. – issued letters to Prime Minister Donald Tusk asking for public information regarding the lack of publication of last year's November judgment of the Constitutional Tribunal.

The government consistently – for example, in the resolution adopted last December – indicates that the announcement of the CT decisions in official journals could lead to the consolidation of the state of the rule of law. As added, “it is not allowed to announce documents that have been issued by an unauthorized authority.”

In the resolution adopted in March 2024, the Sejm stated that “in the activities of the public authority of the CT public authority in violation of the law may be considered a violation of the principle of legalism by these authorities.” Since the adoption of a resolution by the Sejm, the judgments of the Constitutional Tribunal have not been published in the Journal of Laws.

nno/ par/