Opinia prawna na temat projektu ustawy o zmianie ustawy o cmentarzach i chowaniu zmarłych

The opinion deals with a bill amending the Act on Cemeteries and Burials. The author points out considerable formal defects of the bill. In particular, Article 1a (1) of the Act, as amended by the proposed bill is inconsistent with Article 2 of Poland’s Constitution. The proposed definition according to which a human corpse is only that human corpse whose status has been documented, is logically false and leads to conflict between the proposed provisions and other legal provisions, thereby limiting the penal‑law protection of corpse from insult. The proposed definitions of human remains and ashes show similar defects. In addition, the Article 8 (4) of the Act as amended – selectively reduces the protection of personality rights of a legally separated spouse and, therefore, may be considered as expression of a direct discrimination. The provision in the proposed wording is inconsistent with Article 32 and Article 47 in conjunction with Article 31 (3) and Article 18 of Poland’s Constitution. Doubts are also driven by the proposed general normative preference of interests of some categories of persons entitled to grave and to bury the deceased in relation to other people. The author points out that the justification of the bill does not contain sufficient explanation of social and constitutional reasons of that regulation.