Mieczysław Różański is a professor at the University of Warmia and Mazury, in Olsztyn (Poland).
Piotr Szymaniec is a professor at Angelus Silesius University of Applied Sciences, in Wałbrzych (Poland).
The Polish Constitution of 2 April 1997 regulates relations between the state and churches and religious associations in Article 25, located in the first chapter, titled Rzeczpospolita (The Republic). The positioning of this regulation at the beginning of the Constitution demonstrates the importance the Constitution’s authors attached to the community dimension of freedom of religion. Article 25(3) specifies that state-religion relations are to be shaped in accordance with principles of respect for the autonomy of churches/religious associations and the state, and their mutual independence, as well as cooperation between churches/religious associations and the state “for the good of an individual and the common good.” Thus, the Constitution establishes a model of relations between the state and churches/religious associations based on cooperation rather than strict separation.
The wording in Article 25(3) invokes the documents of the Second Vatican Council. The pastoral constitution Gaudium et Spes of 1965 emphasized, “The Church and the political community in their own fields are autonomous and independent from each other.” This definition of religion-state relations and the guarantee of autonomy is also consistent with the Polish constitutional tradition. Article 113 of the Constitution of 17 March 1921 (the so-called “March Constitution”), protected autonomy by enabling churches and religious associations recognized by the state to conduct independently their internal affairs. Similar guarantees were contained in Article 15 of the Austrian Fundamental Law Concerning the General Rights of Citizens of 21 December 1867, which was in force in certain Polish lands.[1]
The principle of autonomy of churches and religious associations, guaranteed in the Polish Constitution, affects regulation of the names of churches and religious associations. This regulation is laconic and gives wide discretion to churches/religious associations in choosing a name at the time of their establishment.
In the interwar period, under Polish religion-state law, it was assumed that the name church was reserved for Christian communities, while the term religious association was applied to non-Christian communities. An example of such use is the Act of April 21, 1936, on the relationship between the state and the Muslim Religious Association (Muzułmański Związek Religijny) in the Republic of Poland. This act is still in force today and applies to Muslims who are Polish Tatars. Today, however, the term church is not reserved for Christian associations; rather, it is assumed that a religious association’s choice of name is within its sphere of autonomy.
The Act of May 17, 1989, on Guarantees of Freedom of Conscience and Religion, adopted just before the first partially democratic parliamentary elections at the beginning of Poland’s political transition, regulates the procedure for registration of churches and other religious associations. This registration consists of an entry in the register kept by the minister with authority over religious denominations and national and ethnic minorities. Before submitting an application for registration, a group must comprise at least 100 Polish citizens. The application must contain information about any previous forms of religious life of the emerging religious association, its genesis, and the people who founded it. The application should also be accompanied by a “statute” (a document containing the most important principles of functioning of a church/religious association) that specifies, among other things, “the name of the church or other religious association different from the names of other organizations” (Art. 32, para. 2, cl. 1, of the Act).
This quoted provision is the only one that directly refers to names of religious associations. Therefore, the only verification during the registration procedure for a church or other religious association is whether the name given by the founders is the same as the name of an already-existing church, religious association, or other organization. An assessment that the name does not differ from the name of an already-existing organization is a prerequisite for refusal to enter the organization in the register. Before issuing a decision on refusal of registration, the minister will first call on the founders to supplement the formal deficiencies of the application within two months—that is, to change the name of the church or religious association (Art. 33, para. 2, of the Act).
In practice, the names of churches or religious associations in Poland demonstrate an expansive pluralism. Among the 176 churches or religious associations entered in the register are the following names: Buddhist Association of the Diamond Way of the Karma Kagyu Lineage, World Spiritual University Brahma Kumaris in Poland, Muslim Unity Association, International Society of Krishna Consciousness, Polish Slavic Church, Sardza Ling Institute, and Sun Worshippers. The newest religious association registered in Poland, on 25 February 2025, is called the Church of the People of the Sun.
Under Polish law, no provision directly regulates a situation in which the name of a religious association would violate public morality (e.g., due to vulgar expressions used) or would be detrimental to other religions. In such a situation, the minister would likely have grounds to refuse to register such a religious association on the basis of Article 33, paragraph 3, of the Act of May 17, 1989, which states, “If the application contains provisions that are contrary to the provisions of the laws protecting public safety and order, health, public morals, parental authority or the fundamental rights and freedoms of others, the registration authority shall issue a decision refusing entry in the register.” So far, there has not been a case of refusal to enter a religious association into the register due to the nature of its name.
To conclude, Polish legislation and its application seem to comply with international standards of freedom of religion or belief relative to the naming of churches and other religious associations. Grounded in the constitutional principle of respect for the autonomy of churches and other religious associations, Polish law only limits the freedom of religious actors to choose their name when the chosen name may violate rights of other persons and, potentially, other values protected by the Polish Constitutions.
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[1] Cf. I Walter Fairleigh Dodd, Modern Constitutions: A Collection of the Fundamental Laws of Twenty-Two of the Most Important Countries of the World, with Historical and Bibliographical Notes 69–90 (Chicago Univ. Press 1909).