Polish courts to assist church in Poland. Is it unconstitutional?
Warsaw, Poland 2 February, 2010 - Courts in Poland may be required to help the Catholic church sort out its problems, which former Consitutional Tribunal judge Prof. Jerzy Ciemniewski said is “a transgression of the principle of secularity”.
During talks over a concordat the Government assured that, should the Church would require the opinion of a doctor, the Minister for Justice would order the courts to look at the matter.
This might be required in a situation where the Church judiciary is faced with a request to annul a marriage.
“If, for example, during the marriage a psychological illness was revealed, the court can test whether a given person was ill before the marriage took place and if the illness … caused the invalidity of that marriage,” Warsaw Metropolitan Court judge Fr Dr Krzysztof Warcha³owski said.
This, however, can only be determined by a psychologist or other medical professional. They in turn are bound by doctor-patient confidentiality, which can only be voided by order of the court.
The Minister for Justice Piotr Kluza said Church courts fit in the category of “other judicial organs” in Poland and as such the law of court structure binds the courts to gather evidence at the request of the ministry.
However, Supreme court judge Stanis³aw D¹browski said he had no doubts that those other judicial organs referred to by law are limited to State organizations.
“If the legislative wanted the courts to work with the Church they would have had to write it clearly in the law. But then the problem of equality among creeds. Never mind the constantly growing responsibilities of the courts that paralyze their ability to function,” judge D¹browski said.
The judge said this also infringes on the courts’ responsibility to remain secular.
So far this procedure has been used in one instance, unsuccessfully, as the marital partner refused to make his psychologist appointments.
But what might be the most ironic in all of this is that the courts are helping divorces of marriages it doesn’t even acknowledge; in Poland, couples need a civil ceremony to be considered married.
By Victoria Ziarkowski
Freelance Writer
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