Niedopuszczalność sądowej kontroli prawidłowości stosowania przez związek wyznaniowy własnego prawa. Glosa do postanowienia Sądu Najwyższego z 12.05.2016 r., IV CSK 529/15

According to the judgment of the Supreme Court of 12.05.2016 (IV CSK 529/15), decisions made by a religious community under its own laws cannot be challenged before the state courts, since the application of internal regulations of such communities is a part of their autonomy. In the case decided by the Supreme Court, it was the appointment of a Muslim religious leader (mufti) which was questioned by the claimant. The author of the comment supports the views expressed by the Court and emphasizes that the statutory self-government of the Muslim Religious Union in Poland must be seen as its right and not an obligation. However, the case of this community is particularly difficult as the law regulating its legal status was passed in 1936 and it is clearly incompatible with today’s standards of religious autonomy.