Annexe

The articles of the Constitution of March 17, 1921, maintained in force by the Constitution of 1935, are the following.

Art. 99.

The Polish Republic regards all property, whether belonging personally to individual citizens or collectively to associations of citizens, institutions, self-governing bodies, or to the State itself, as one of the most important foundations of social organization and legal order, and it guarantees to all inhabitants, institutions and communities the protection of their property and shall only admit any limitation or abolition of individual or collective property, in cases provided for by law for reasons of higher utility and against compensation. Only an Act of law may decide within what limits and which property may be subject to the exclusive ownership of the State for reasons of common weal, and also how far the rights of citizens and their legally recognized associations freely to utilize land, water, minerals and other natural wealth may be limited for public reasons.

Land as one of the most important factors in the existence of the nation and of the State, may not be the object of unrestricted transfer. The law shall fix the limits within which the State shall be empowered to the compulsory buying out of land as also to regulate the transfer of land, but in accordance with the principle that the agricultural structure of the Republic of Poland shall be based upon agricultural holdings capable of satisfactory production and held as personal property.

Art. 109.

Every citizen shall have the right to preserve his nationality and to cultivate his language and national qualities.

Special State laws shall guarantee to minorities within the Polish State the full and free development of their national qualities with the assistance of autonomous minority associations of a public-juridical character within the limits of general self-government associations.

The State shall have the right of controlling their activities, and, in case of need, the duty of supplementing their financial means.

Art. 110.

Polish citizens belonging to national, confessional or lingual minorities shall have equal rights with other citizens to establish, supervise and administer at their own expense, philanthropic, confessional and social institutions, schools and other educational establishments, as also freely therein to use their language and to carry out the precepts of their religion.

Art. 111.

Freedom of conscience, and of religion shall be guaranteed to all citizens. No citizen shall by reason of his faith or his religious convictions be limited in his access to rights due to other citizens.

All the inhabitants of the Polish State shall have the right freely to profess their creed in public and in private and to practise the precepts of their religion or ritual, provided that this is not counter to public order or to public morality.

Art. 112.

Freedom of religion shall not be utilized in a manner counter to the law. No one shall evade performing his public duties by reason of his religious faith. No one shall be compelled to participate in religious activities or rituals, unless he is subject to parental or tutelary authority.

Art. 113.

Every confessional association recognized by the State shall have the right to hold collective and public religious services, independently to conduct its internal affairs, possess and acquire, administer and dispose of moveable and real estate, to hold and utilize its foundations and funds, as also its institutions set up for religious, scientific or philanthropical purposes. No religious association shall, however, remain in contradiction with the laws of the State.

Art. 114.

The Roman Catholic faith, being the religion of the great majority of the nation, occupies a leading position in the State among other religions which, however, enjoy equal rights.

The Roman Catholic Church is governed by its own laws. The relation of the State to the Church shall be determined on the basis of an agreement with the Holy See which shall be subject to ratification by the Seym.*)

Art. 115.

The Churches of religious minorities and of other religious associations recognized by law shall be governed by their own statutes, which the State shall not refuse to recognize, provided that they will not contain provisions contrary to law.

The relation of the State to these Churches shall be determined by legislation after an understanding has been attained with their legal representative bodies.

Art. 116.

The recognition of a new creed or of one hitherto not recognized by law shall not be refused to religious associations whose organization, teaching and structure are not counter to public order or public morality.

Art. 117.

Scientific research and the publication of the results thereof shall be freely permitted. Every citizen shall have the right to teach, to establish schools or other educational establishments and to administer them, provided he has fulfilled the conditions required by law in respect of qualifications of teachers, the security of children entrusted to him, and his loyal relation to the State.

All schools and educational establishments, both public and private, shall be subject to the supervision of the State authorities within the scope fixed by law.

Art. 118.

Instruction within the scope of primary schooling shall be obligatory for all citizens of the State. The duration, scope and the manner of such instruction shall be fixed by law.

Art. 120.

In every educational establishment maintained fully or in part by the State or by self-government bodies and whose syllabus embraces the education of persons under 18 years of age, instruction in religion shall be compulsory for all pupils. The management and supervision of such instruction in schools shall rest with the respective religious associations, with the reservation of the supreme right of supervision exercised by the State school-authorities.