On Thursday, the Constitutional Court unanimously ruled that the MEN Regulation of 17 January 2025, which introduces from 1 September 2025 1 hr of religion or ethics per week, which takes place immediately before or after compulsory classes, is incompatible with the Constitution.
Thursday Constitutional Court delivered the ruling of 3 judges under the leadership President Bogdan Święczkowski. The rapporteur was Krystyna Pavlovich; was inactive in the lineup Stanisław Piotrowicz.
The case afraid Amendment of the Regulation MEN of 17 January 2025, which has been introduced since 1 September 2025. one hr Religion or ethics weekly, taking place immediately before or after compulsory classes. TK considered them non-constitutional.
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- I'm sorry. The Court has held that the procedure for the Minister of Education to issue the contested regulation is not compatible with the laws Regulationmwhich obliges the Minister liable for education to act in agreement with church representatives. The Minister of Education has arbitrarily shaped the content of the contested regulation. The substantive positions of curious representatives of churches and spiritual unions were omitted - said Pawłowicz, presenting the justification.
- I'm sorry. The Minister of Education did not so fulfil his work to cooperate in the agreement, ignoring the doubts raised by the church representatives," she added.
There's a TK conviction. 1 religion a week unconstitutional
Regulation Minister of National Education to the TK appealed in April I president of the ultimate Court Małgorzata Manowska. In the explanatory memorandum, she pointed out, among others, omitting church positions and spiritual associations and on violation of the constitutional right of parents to find the moral and spiritual upbringing of children.
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"With respect to the contested regulation, there was no indication of any form of taking into account the positions of the church party, presenting many objections to specified far-reaching changes - a simplification in lessons Religion by half, or even about accepting the proposed solutions" - wrote the president of SN in the justification of her motion.
As she assessed - justifying the contradiction of the regulation with Constitution and concordat - erstwhile it was issued "it came to the unilateral and completely independent action of the Minister of Education, who omitted the positions of curious representatives of churches and spiritual unions".
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