Religious instruction in state kindergartens and schools U 11/24
Ref. No. U 11/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 22 May 2025
The Constitutional Tribunal, composed of:
Jarosław Wyrembak – Presiding Judge
Stanisław Piotrowicz
Bogdan Święczkowski – Judge Rapporteur,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 22 May 2025 – in the presence of the applicant – the application by a group of Sejm Deputies, lodged with the Constitutional Tribunal to examine the conformity of:
1) § 1(2) and (3) of the Minister of Education’s Regulation of 22 March 2024 amending the Regulation on grading, classifying, and promoting pupils and other learners in state schools (Journal of Laws – Dz. U., item 438) – insofar as the challenged provisions do not recognise an end-of-term religious instruction grade as a component of the pupil’s GPA, and in that regard the said provisions were adopted without any consultation and agreement with the authorities of the Catholic Church (the Polish Bishops’ Conference) – to Article 25(3) and (4) of the Constitution in conjunction with Article 12(1) and (2) and Article 27 of the Concordat singed between the Holy See and the Republic of Poland on 28 July 1993 (Journal of Laws – Dz. U. of 1998, No. 51, item 318) as well as to Article 12(2) of the Education System Act of 7 September 1991 (Journal of Laws – Dz. U. of 2024, item 750, as amended);
2) the Minister of Education’s Regulation of 26 July 2024 amending the Regulation on the terms and manner of organising religious instruction in state kindergartens and schools (Journal of Laws – Dz. U., item 1158) – insofar as the challenged regulation was adopted without any consultation and agreement with the authorities of the Catholic Church (the Polish Bishops’ Conference) – to Article 25(3) and (4) of the Constitution in conjunction Article 12(1) and (2) and Article 27 of the Concordat referred to in point 1 above as well as to Article 12(2) of the Act referred to in point 1 above;
3) § 1 of the Regulation referred to in point 2 – insofar as it stipulates that religious instruction is organised on the condition that at least seven classmates or pupils from one form wish to participate as well as it makes it possible to organise religious instruction for pupils of different ages across different forms – to Article 48(1) in conjunction with Article 53(3) and (4) of the Constitution as well as to Article 12(1) and (2) of the Concordat referred to in point 1 above,
adjudicates as follows:
§ 1(2) and (3) of the Minister of Education’s Regulation of 22 March 2024 amending the Regulation on grading, classifying, and promoting pupils and other learners in state schools (Journal of Laws – Dz. U., item 438) – insofar as the challenged provisions do not recognise an end-of-term religious instruction grade as a component of the pupil’s GPA, and in that regard the said provisions were adopted without any consultation and agreement with the authorities of the Catholic Church (the Polish Bishops’ Conference) – to Article 25(3) and (4) of the Constitution in conjunction with Article 12(1) and (2) and Article 27 of the Concordat singed between the Holy See and the Republic of Poland on 28 July 1993 (Journal of Laws – Dz. U. of 1998, No. 51, item 318) as well as to Article 12(2) of the Education System Act of 7 September 1991 (Journal of Laws – Dz. U. of 2024, item 750, as amended).
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Jarosław Wyrembak
Stanisław Piotrowicz
Bogdan Święczkowski