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Bezstronność światopoglądowa a obecność symboli religijnych w instytucjach publicznych
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2022)
The Constitution of the Republic of Poland of 1997 formulated the principle of religious, ideological and philosophical impartiality of public authorities, which, apart from the principle of equal rights for churches and other religious associations, determines the Polish model of state-church relations. Impartiality in matters of religious, ideological and philosophical beliefs concerns public authorities, not the state as the political structure of the nation. Public authorities in the Republic of Poland, both individual and collective, are created by persons with specific religious, ideological and philosophical beliefs. Therefore, taking into account the respect for the freedom of conscience and religion of persons performing the functions of authorities, as well as the principle of impartiality of public authorities, the formula of open neutrality should be preserved in a democratic state of law, according to which public authorities are obliged to equal treatment of all people, regardless of their beliefs, on the other hand, they refrain from accepting the principles of one religion, worldview or philosophy, also those of an atheistic or agnostic nature. It should be emphasized that, contrary to the demands of various groups to remove the cross from public space, its presence is not a contradiction or a violation of the constitutional principle of impartiality of public authorities in matters of religious beliefs.
Bulla Totus Tuus Poloniae populus i ustanowienie diecezji ełckiej
Szewczyk, Roman (Instytut Teologiczny Diecezji Ełckiej, 2002)
Ewolucja pojęcia małżeństwa w prawie europejskim
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2019)
When the European Communities were created – in the 1950s – the need to protect human rights was not included in the treaties, as these rights were already guaranteed in the European Convention on Human Rights and Fundamental Freedoms, to which the founding countries were parties. In addition, the view prevailed that constitutional courts of individual states would watch over these laws. In the 1980s, under the influence of political changes and the expansion of the EUʼs areas of activity, it was necessary to enshrine observance of fundamental rights to the fundamental principle of the EU. In terms of human rights, a commonly known and articulated definition was used in the Universal Declaration of Human Rights, which in point 1 of Art. 16 says: “Men and women, regardless of any differences in race, nationality or religion, have the right after reaching the age of majority to marry”. In the European perspective, we find a similar provision in art. 12 of the European Convention on Human Rights: “Men and women of marriageable age have the right to marry and to found a family in accordance with the national laws governing the exercise of these rights”. However, the provision in the EU Charter of Fundamental Rights is presented in art. 9 as follows: “The right to marry and the right to found a family are guaranteed in accordance with national laws”. Such a wording does not define a marriage or a family. New quality has been introduced here; the lack of a precise definition opens the way to naming a married couple or family, such relationships that did not fit in previous definitions. This means updating to cover cases where national legislation recognizes other possibilities of family formation than marriage. Such a record does not directly mean that same-sex marriages are granted or prohibited. As we can see, the scope of the concept of marriage and family has been expanded. The goodness of marriage is a natural good, so it cannot be made dependent on the will of the legislator. The path to changing the concept of marriage led through a change in the understanding of the family. The EU Charter of Fundamental Rights was intended to cover cases in which national legislation recognizes other possibilities of family formation than marriage. Thus, the entry in the Charter has been shaped in such a way as to avoid a clear response to the new issue of same-sex relationships; that is, it neither permits nor prohibits because of trends based on social movements. This does not affect the institution of marriage itself, but allows the recognition of other forms of family found in the internal regulations of the states as corresponding to marriage.
Funkcjonowanie i ochrona praw rodziny w ustawodawstwie polskim i Unii Europejskiej
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2010)
Istota Caritas Diecezjalnej na podstawie prawa kościelnego i dokumentów Kościoła oraz prawa cywilnego
Szewczyk, Roman (Instytut Teologiczny Diecezji Ełckiej, 2002)
Istota i znaczenie działalności Krajowej Rady Sądownictwa
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2016)
In the article The nature and the meaning of the activities of National Council of the Judiciary we find a historic view leading to creating of this institution. The council arises as result of the reconstruction of the system in Poland and becomes a constitutional body which stands on the guard of the independence of courts and independences of judges. We find a description of the organizational structure of the institution. The Council consists of the persons fulfilling highest functions in judicial institutions nominated by the President of Poland and the group of the outstanding judges appointed in the way of the election. The competences of the Council concern the important and delicate matter of the judging. Therefore the first group of the competences of the Council refers to undertaking actions in relation to judges and candidates on judges. The second group of the competences was determined in laws and concerns undertaking of resolutions, investigating of motions and presenting of candidates on other important posts in State-institutions related to the judicial power. The National Council of the Judiciary in the matter of the own organization has the total autonomy and through this has an independent position in the political system of the state. This rule expresses herself mainly in exclusive appointing of various internal commissions. Council committees are teams of council members which are her internal organizational units of the auxiliary character, enabling the effective exercise of constitutional and statutory tasks of the Council.
Istota wprowadzenia Karty Laickości Szkoły Francuskiej
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2016)
The French Revolution sought to discover the way to view freedom. At the end of the Revolution, they proclaimed the Declaration of the Rights of Man and of the Citizen. In French society, these fruits of the Revolution were considered something sacred. Paradoxically, in a country that did so much to cleanse public life of religious factors, the same state has begun to create a religion of the state. All of the process after the Revolution, in particular, the Law of 1905 regarding the separation between the state and the church, has fortified the idea of secularism in French society. This process of the state was introduced in the schools because they wished to construct a society which was entirely secular which believed in the values of the Republic. They therefore made divisions between the public schools and the private ones. The public schools had a secular and a national character. The substantial difference between the schools was that in the public schools, the teaching of religion as a separate subject was expelled and the religious issues in the teaching curriculum was reduced to the minimum. It appeared only as a background in the historical issues. Commenting on the Charter of Secularism, I seek to respond to the question – what happened which caused them to introduce this Charter of Secularism in the schools? We find the first response in the actions of the young people who want to be respected along with having their religious systems respected. Such problems arose when the French introduced the prohibition of religious symbols. However, the prohibitions did not resolve the problem. They therefore invented and introduced the Charter of Secularism of the French School. This is a kind of new way of presenting the idea of secularism to the students. The Charter was implemented as a way of reinforcing the prohibitions which had been previously introduced. It repeats the ideas which have been presented in the schools since the end of the French Revolution. Looking at the Charter, we have the impression that it is simply a repetition of the same phrases – that it is pure theory that has nothing in common with the reality. However, the French Ministry of Education always creates new initiatives which promote the presence of secularism in the schools. Unfortunately however, they do not look at the problems of the young people. They don’t want to understand their identities and especially, their religious identities.
Jak ważnie zawrzeć małżeństwo?
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2011)
Kościoły i związki wyznaniowe a prawo traktatowe Unii Europejskiej
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2011)
Obecność symboli religijnych w przestrzeni publicznej w Republice Włoskiej
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2021)
The issue of wearing of religious symbols by employees in the workplace and manifestation of their affiliation calls for an assessment of situations and circumstances. The case laws of the Court speak of the principle of proportionality – whether there is a balance between the manifestation of their religion and, for example, the image of the workplace and the need to keep safety rules. Religious freedom must be respected in the workplace, but only to the extent that it does not violate the rights of others. Strasbourg judicial decision was also called upon to settle the cases in which a given state uses religious symbolism. The manifestation of such an attitude by the state exposes it to be called “confessional state” and to the charge of undermining the principle of worldview neutrality. However, finding a solution to the problem is complex, and also consists in the recognition by the Court of a wide margin of discretion, appurtenant to the Member States in matters of religion. Each state, when formulating the principle of secularism or lack of religious beliefs of the state, must combine them with distinctive national traditions and create its own model, which can be difficult or even impossible to transfer to another country. The European Court of Human Rights seeks solutions that could meet the criteria and be implemented in all countries. However, the diversity of religious traditions of the Member States does not allow to draw conclusions common to the whole European community.
Państwa narodowe i obecność symboli religijnych w przestrzeni publicznej
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2018)
National states, in search of their national identity, refer to symbols, among which religious symbols occupy one of the main places. For many decades, the presence of religious symbols, which were also national symbols, constituted an important element of upbringing and strengthening the sense of citizenship and belonging to a given state. In recent years new trends have emerged that question the presence of religious symbols as a national or state symbol. Attempts are made to reduce the rank of a religious symbol or its denial from the presence of the nation’s life. However, this sense of national identity, strengthening by the symbols present in the life of the nation, build the state understood as the common good of the whole nation.
Prawo kościelne a współczesne prądy kulturowe
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2018)
Changes made over the centuries in ecclesiastical law are usually forced through the changing world, through cultural trends. A church living in a society is somewhat doomed to the review of its law and its updating. The critical point is the changing moral and social norms in societies that are very often against the norms of church law. Nevertheless, from the very beginning of the Churchʼs existence, he has the main goal: Salus animarum suprema lex, Jesus Christ is the only Savior of all mankind and the highest law is the salvation of man. The world is moving forward and changing its laws and the Church goes ahead without changing her main goal, but takes into account the existing conditions, hence we see changes in church law. Changes in church law, however, must be perceived as a response to the needs of time, but they are never changes that would in any way affect the implementation of the Church’s salvific mission.
Sprawozdanie z Międzynarodowej Konferencji „Chrześcijańska odpowiedzialność w obliczu kryzysów”. Kraków 11-12 września 2009 r.
Szewczyk, Roman (Wydawnictwo Diecezjalne Adalbertinum, 2010)
Wojciech Góralski i Ginter Dzierżon, Niezdolność konsensualna do zawarcia małżeństwa kanonicznego, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2001, ss. 468.
Szewczyk, Roman (Instytut Teologiczny Diecezji Ełckiej, 2003)
Wymiar pastoralny i ewangelizacyjny i synodu diecezji ełckiej
Szewczyk, Roman (Instytut Teologiczny Diecezji Ełckiej, 2001)
XXXVIII Colloquium Iuris Canonici
Szewczyk, Roman (Instytut Teologiczny Diecezji Ełckiej, 2003)