Działalność Komisji regulacyjnej ds. majątku Kościoła Ewangelicko-Augsburskiego w RP w świetle przepisów prawa i praktyki. Zarys problematyki

Abstrakt

The regulatory committee has not coped satisfactorily with the tasks imposed by the legislator. One reason is obviously an undervaluation of (by about a hundred times) of property claims made by the Evangelical Church of Augsburg Confession. Nevertheless, strict adherence to the norms set forth in the law and ordinance of the ministry permitted a reduction of any undue claims laid by the Church, shortly after the committee was appointed, to a legally viable extent through the elimination of inadmissible petitions. Properly conducted conciliatory proceedings would have had a similar effect. What has borne heavily on the outcome of regulatory proceedings is their slow course (some cases linger on for as long as 12 years instead of expected 3 to 6 months), which is partly due to the fact that the sessions of adjudicating panels took place only once a week. One has to note that decisions made by regulatory committees, which are specially appointed state-ecclesiastical bodies, have a significant impact on commune budgets, particularly in smaller communes, and the established mode of adjudication (in practice for sued legal persons it is a single-instance process) causes possible errors to be irreparable. Further research into this issue may serve as a contribution (however modest it might be) to any work on the reprivatization bill, also applicable to natural persons.