Granice praw i wolności jednostki w dobie pandemii COVID-19 – analiza konstytucyjna działań władzy publicznej
The limits of individual rights and freedoms in the time of the COVID-19 pandemic – a constitutional analysis of public authorities’ actions

Summary/Abstract: The purpose of this article is to analyse the constitutional limits of permissible restrictions on human rights and civil liberties in the context of the COVID-19 pandemic in Poland. The point of departure is the assumption that the foundation of a democratic state governed by the rule of law – as expressed in Article 2 of the Constitution of the Republic of Poland – lies in the inviolability of the essence of individual rights, which may be restricted only under conditions and according to procedures prescribed by statute. The study examines the prerequisites set out in Article 31(3) of the Polish Constitution, namely legality, necessity, proportionality sensu stricto, and the prohibition of infringing upon the essence of a right or freedom. The author observes that, during the COVID-19 pandemic, public authorities refrained from declaring a state of natural disaster, despite the epidemiological situation meeting the statutory criteria for such a measure. Consequently, restrictions on, inter alia, freedom of movement, freedom of assembly, the exercise of religion, and participation in public institutions were introduced primarily through executive regulations, which raises serious concerns in light of the constitutional principle of statutory exclusivity. The analysis highlights the emergence of a dangerous phenomenon described as a “quasi state of emergency,” characterised by the introduction of limitations on constitutional rights and freedoms in breach of Article 31(3) and in disregard of Article 228(2), which mandates the declaration of a state of emergency whenever “ordinary constitutional measures are insufficient.” In conclusion, the study emphasises that the constitutional practice observed during the COVID-19 pandemic revealed a profound tension between the duty to protect highly valued constitutional goods and the obligation to safeguard individual rights and freedoms. It also exposed the risk of a lasting erosion of the rule of law standards in times of crisis. The research employs the dogmatic-legal method, consisting in an analysis of the provisions of the Polish Constitution and their interpretation in light of the practice of public authorities during the COVID-19 pandemic. It also incorporates a comprehensive review of relevant academic literature and case law, enabling a thorough assessment of the compliance of the adopted restrictions with constitutional standards of the protection of individual rights and freedoms.

• Details
• Contents