Organizacja funkcjonowania Kościoła we francuskim porządku prawnym. Zarys problematyki

Abstrakt

The paper analysed the basis and methods of the functioning of the Catholic Church in France, the country that the principle of secularism is inscribed in the constitution and the separation of the Churches of the state is treated as a fundamental principle, but still within its territory there are also other systems in relation to the state of the Catholic Church. In most parts of the country, and three overseas departments (Guadeloupe, Martinique and Reunion), inforce the Act of 1905 on the separation of churches from the state, which deprives the churches and church agencies of the legal entity. For a three eastern departments of the country (Lower Rhine, Upper Rhine and Moselle), is valid Concordat of Napoleon from 1801, which divides of religion to „recognized” and „not recognized” by the state. Cults of personality are considered public law and the state has to have a number of obligations, such as financial maintenance of the clergy, but also rights as the right to appoint people to high positions in these religions. In almost all the overseas territories of all faiths apply to the decrees of 1939, the so-called. Mandela decrees under which the resulting administrative councils involved in the management of the assets of churches and other religious organizations. In French Guiana, there are two systems. Catholic Religion is the only cult „recognized” by the state and funded directly by them pursuant to the Royal Decree of Charles X in 1828, and to other faiths apply these decrees Mandela.