The bells at the Parish of Christ the King on the Jana Pawła II housing estate have not been rung for some time. This does not mean, however, that the years-long dispute has been legally concluded. The parish priest filed a cassation appeal against the judgment of the Provincial Administrative Court in Wrocław. The Supreme Administrative Court will consider the case on September 8.

Krzysztof Gwizdała spoke about the proceedings to date on the program “Co w prawie piszczy”. The interview was conducted by Maciej Psyk from Kanał z Londynu.

First, there was a request to the parish

The case began in 2021. As Gwizdała recounted, the bells rang as many as four times a day at the time: at 6:30 a.m., noon, 5:30 p.m. and 6:30 p.m. Each ringing lasted about two minutes.

– I thought to myself: what does a good neighbor do? He reaches out to the other neighbor. In 2021, I emailed the parish. I wrote to the priest that the bells were ringing too often and asked whether the duration or number of rings could be reduced – Krzysztof Gwizdała said.

As he added, he received no response. He then contacted the Provincial Inspectorate for Environmental Protection. Due to a change in regulations, the case ultimately went to the Bolesławiec County Office.

The first proceedings were discontinued, and the justification referred, among other things, to the tradition of using church bells. Gwizdała appealed to the Local Government Appeals Board in Jelenia Góra. The Board overturned the decision and ordered noise measurements to be carried out.

Measurements showed that the limits had been exceeded

The tests were conducted by specialists from Wrocław University of Science and Technology. Measurements were taken at three locations, including the residential buildings closest to the church.

According to the information presented in the interview, approximately 65 decibels were recorded at this location, while the permitted level was 55 decibels. After receiving the results, the county head ordered the parish to adjust the volume of the bells to the applicable standards.

This was not a ban on using the belfry. The decision specified only the maximum noise level.

– The county head’s decision says only: adjust the volume so that it does not exceed 55 decibels. No one is prohibiting the bells from being rung – emphasized the editor-in-chief of Istotne.pl.

After the decision was issued, the bells were switched off. Gwizdała also spoke about calls from residents of the estate who thanked him for taking up the matter. One person reportedly said that after the bells were switched off, her husband could finally rest after a night shift.

The parish challenged the decision

The parish priest appealed to the Local Government Appeals Board, which upheld the county head’s decision. The case then went to the Provincial Administrative Court in Wrocław.

The Provincial Administrative Court found that the obligation to comply with generally applicable noise standards did not infringe religious freedom or the right to conduct worship. The court also emphasized that the decision did not prohibit the use of bells, but merely required the sound they emitted to be adjusted to the parameters specified by law.

The parish priest disagreed with this ruling and filed a cassation appeal with the Supreme Administrative Court. It is scheduled to be heard on September 8.

Church instruction on the use of bells

The interview also recalled a document sent in September 2023 to the parish priests of the Archdiocese of Wrocław. It concerned the use of church bells and other noise-emitting devices.

The document stated that the sound of bells – regardless of whether they are operated manually or electronically – may not exceed the levels specified in the regulations. This provision also applies to bell ringing calling the faithful to Mass or a service.

It also noted that playing religious melodies at specified times, if it is not connected with a service taking place or other public religious activities, does not benefit from the exception provided for in law.

The document was drawn up before the cassation appeal was filed in the Bolesławiec case. Its author recommended that parish priests take the applicable regulations and current case law into account when responding to residents’ complaints and interventions by administrative authorities.

The final decision has not yet been made

The bells have been silent for some time, but the court proceedings are still ongoing. The final word will belong to the Supreme Administrative Court, which will hear the parish priest’s cassation appeal on September 8. Until a ruling is issued, it is therefore impossible to speak of a legally final conclusion to the entire case.

– It really is a matter of where one lives. If someone lives far from the bells, they may view the issue differently. But if there is a bell outside their window that rings several times a day and genuinely makes noise, their perspective changes – Krzysztof Gwizdała concluded.

The full interview can be watched on Kanał z Londynu on YouTube.