Canon Law as a Foreign Law

Abstract

The purpose of this article is to discuss the problem of a definition and classification of canon law. It has been examined whether canon law can be treated as a foreign law from the perspective of the national legal order. Considerations were made regarding the need to admit evidence from an expert in the field of canon law or religious studies in court proceedings involving church legal entities or clergy. Regardless of how the relationship between the civil law (state law) and the canon law is shaped, it is necessary to take into account that a person may be subject also to canon law. A similar problem has already been examined by the Supreme Court and the Supreme Administrative Court. The purpose of this article is to present, in an orderly manner, the approaches to the above-mentioned issue.