The case concerns a refusal to admit a person of Jewish origin and faith without Polish citizenship to a Jewish religious community, based on a statutory citizenship requirement that the claimant argued violated equality and freedom of religion; the Supreme Court quashed the lower courts’ judgments, holding that such rules must be interpreted in light of religious freedom and association, that communities cannot arbitrarily refuse membership while retaining autonomy, and that membership is a civil law relationship subject to judicial protection, with citizenship requirements raising serious constitutional concerns.
Art. 2 point 1 Act of 20 February 1997 on the relationship between the State and Jewish religious communities, Art. 53 Constitution of the Republic of Poland
Art. 2 point 1–2a Act on guarantees of freedom of conscience and religion
Art. 25 point 3, Art. 45 Constitution of the Republic of Poland
Art. 1, Art. 2 § 1, Art. 199 § 1 point 1, Art. 39813 § 1, Art. 39815 § 1 Code of Civil Procedure
Art. 35, Art. 38 Civil Code