Próba refleksji nad reakcją państwa na pandemię COVID-19 – uwagi o porządku prawnym czasu epidemii i jego wpływie na prawa i wolności człowieka
An attempt at reflection on the state response to the COVID-19 pandemic – remarks on the legal order during the period of the epidemic and its impact on human rights and freedoms
Author(s): Sławomir CzarnowSubject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Political Sciences, Civil Society, Public Law, Sociology, Welfare systems, Health and medicine and law, Social Norms / Social Control, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: state of emergency; state of natural disaster; state of epidemic; state of epidemic emergency; administrative fine; human rights and freedoms; countering COVID-19; statutory authorization
Summary/Abstract: The article concerns the relevant legal aspects of the state of epidemics, the state of epidemic emergency and the state of natural disaster, as well as the permissible procedures for restricting rights and freedoms during these states in light of the Constitution of the Republic of Poland. In particular, the vagueness of the prerequisites for the introduction of these states and the arbitrariness of the application of solutions, including anti-epidemic restrictions through ordinances are pointed out. The issue of punishing violations of anti-epidemic prohibitions and orders is also raised, with emphasis on the low effectiveness of administrative penalties. Excessive powers of the executive and responding to an emergency without parliamentary control are also pointed out.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2023
- Issue No: 1
- Page Range: 99-126
- Page Count: 28
- Language: Polish