Realizacja Konkordatu z 1993 r. w prawie polskim

Abstract

The comparative analysis of concordat norms with statutory norms presented above shows that the Concordat does not introduce major changes to national legislation. Indeed, what is new is mainly the recognition of the civil effects of a canonical marriage. However, one should not conclude from this that the Concordat is of little importance. The importance of a concordat concluded with a democratic state under the rule of law, such as the Republic of Poland, lies primarily in the consequences for society.

The effect of the ratification of the Concordat is to achieve a higher degree of stability in the relationship between the State and the Church than on the basis of purely statutory regulations. The ratification of the Concordat as a whole thus gives rise to a greater sense of legal certainty on the part of the public regarding the enforcement of freedom guarantees in the area of the manifestation of one's views in public life and the possibility of building various forms of social life on the basis of lasting values rooted in national culture. The extent to which the opportunities created by the Concordat are pursued depends not only on the cooperation of state and church authorities, but also on the activity of society as a whole.

Concordats are concluded in a specific socio-political context. Usually, these are ground breaking moments in the history of a nation, that is, a society seen in cultural terms, towards which the Church has an evangelising mission. Such a moment occurred in the history of the Polish nation at the stage when the foundations of democracy were being laid after the totalitarian communist regime was thrown down.