BUSINESS ACTIVITY IN RELIGIOUS CEMETERIES DONE BY JUDICIAL PERSONS OF THE CATHOLIC CHURCH
Journal Title: Studia z Prawa Wyznaniowego - Year 2011, Vol 14, Issue 14
Abstract
Polish legislation gives churches and other religious associations the right of ownership, management and establishment of cemeteries in compliance with the relevant legal provisions on cemeteries and burial. In principle, the state guarantees inviolability of such sites. However, judging by the decisions of the President of the Office of Competition and Consumer Protection concerning judicial persons managing cemeteries, such decisions having been upheld by antitrust jurisdiction, it transpires that religious cemeteries are affected by all applicable laws, including the Act of 16 February 2007 on competition and consumer protection. This trend in the existing case-law has been opposed by the Catholic Church representatives who raise this issue, for example, in the Joint Commission of the Representatives of the Polish Government and the Polish Episcopal Conference. The issue of conducting business activity in religious burial grounds calls for a broader elucidation, especially given diverse interpretations of the definition of an entrepreneur under the Act on competition and consumer protection.
Authors and Affiliations
Monika Piszcz-Czapla
THE EXPENDITURE OF THE CHURCH FUND RESOURCES IN THE YEARS 1950-1989
The article treats of the expenditure of the financial resources of the Church Fund over the years 1950-1989. The circumstances of the enactment of the 20 March 1950 Act on the Seizure by the State of the Property in M...
ZASADA RÓWNOUPRAWNIENIA ZWIĄZKÓW WYZNANIOWYCH W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO
Zasada równouprawnienia związków wyznaniowych jest często podejmowanym zagadnieniem w orzecznictwie Trybunału Konstytucyjnego. Została unormowana w art. 25 ust. 1 Konstytucji RP z 2 kwietnia 1997 r. Jest cechą charaktery...
Introduction to the Thematic Section
The present issue of Studia z Prawa Wyznaniowego (Studies in Law on Religion) contains a selection of articles presented at the conference of the international scientific network EUREL (http://www.eurel. info/?lang=en) h...
THE LOSS OF THE OFFICE OF PASTOR UNDER CANON LAW AND ITS SIGNIFICANCE IN THE EVICTION PROCESS
The author discusses the problem of removal of a pastor from his parish by a bishop and ponders upon the effects of such a decision in Polish law, in particular when it comes to the eventual eviction process. Canon law...
CONSCIENTIOUS OBJECTION IN THE PRACTICE OF NURSES AND MIDWIVES. ANALYSIS OF POLISH AND SELECTED EUROPEAN SOLUTIONS
The aim of this article is to present national and European discussions on the conscience clause in the practice of nurse and midwife, together with the analysis of the problems which are associated with application of t...