Third Constitutional Tribunal Ruling in poland Declaring reduction of Religious Education Unconstitutional

Once again, Poland’s Constitutional Tribunal ruled that Education Minister Barbara Nowacka’s attempts to introduce changes to the organization of religious education in schools are unconstitutional. The contested regulation was set to introduce significant changes starting on September 1, 2025, most notably reducing the number of religion classes to one per week. This was not Nowacka’s first attempt to alter the rules governing the organization of religion classes by way of ministerial decree, and this ruling by the Country’s Constitutional Tribunal is the third in a series of decisions declaring Barbara Nowacka’s regulations unconstitutional. The first ruling, dated November 27, 2024 (ref. no. U 10/24), declared the regulation of July 26, 2024, unconstitutional. The second ruling, issued on May 22, 2025 (ref. no. U 11/24), invalidated provisions that excluded religion grades from being included in students’ grade point averages. Today’s ruling (ref. no. U 2/25) results in the retention of two hours of religion classes per week in the school curriculum.

Key Legal Arguments of the Court

The primary argument invoked by the Court was, once again, a violation of the statutory procedure for issuing the regulation. Pursuant to Article 12(2) of the Education System Act, the minister responsible for education is required to act “in consultation with representatives of churches and other religious associations” when determining the conditions and manner of organizing religious education.

In its oral reasoning, the Constitutional Tribunal emphasized that the Minister of Education “arbitrarily shaped the content of the contested regulation,” entirely disregarding the substantive positions of the interested representatives of churches and religious associations. This was not merely a matter of consultation, but a legal obligation to reach an agreement.

The Tribunal noted that the Minister of Education “failed to fulfill her obligation to cooperate in reaching an agreement, ignoring the concerns raised by church representatives.” This means that not only were church representatives not properly informed about the planned changes, but their objections were also entirely disregarded.

Polish specific Constitutional Context

The judgment fits into the broader framework of protecting constitutional principles governing the relationship between the state and churches and other religious associations. The Tribunal referred to:

• Article 25(3) of the Constitution, which establishes the principles of autonomy and independence of the Church and the state—each within its own sphere—and the cooperation between the state and religious communities for the benefit of the individual and the common good;
• Article 25(4) of the Constitution, which outlines the forms for regulating relations between Poland and the Catholic Church;
• Article 12 of the Concordat (a bilateral international agreement) regulating the teaching of religion.

Legal Significance of the Judgment

The judgment is of fundamental importance for the protection of democratic procedures in the law-making process. The Tribunal clearly indicated that even when an administrative body has the power to issue a regulation, it must comply with all procedural conditions specified by law. The Constitutional Tribunal confirmed that the principle of cooperation between the state and churches is not merely declarative but constitutes a legal obligation to reach a genuine agreement on shared matters. It is therefore insufficient to conduct formal consultations if their outcomes are ignored.

The judgment also reaffirms the constitutionally defined guarantees of autonomy for churches and other religious associations—in this case, concerning their role in cooperating on the organization of religious education. The Court emphasized that such matters cannot be decided unilaterally by the state administration.

Practical Consequences

The ruling means that the planned changes to the organization of religious education should not take effect on September 1, 2025. Schools will be required to continue organizing religious education according to existing rules. The possibility that the ruling might not be published in the Journal of Laws, as this has become a common practice of Donald Tusk’s government, which stopped applying the rulings of the country’s Constitutional Tribunal over a year ago, is irrelevant in that regard.

“The ruling serves as a clear warning to the executive branch of power that any future changes to the organization of religious education must be preceded by a genuine agreement with representatives of churches and other religious associations. Poland’s Constitutional Tribunal has confirmed that the principle of cooperation enshrined in the Constitution is legally binding and cannot be treated as a mere political declaration. For any future reforms concerning the rules governing the organization of religious education, this means that all procedures required by law must be strictly observed,” comments Łukasz Bernaciński Ph.D., a Member of the Board of the Ordo Iuris Institute and the director of its Center for Research and Analyses.

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