Assessment of the Bill to Amend the Act on Health Protection Against the Consequences of the Use of Tobacco and Tobacco Products (Sejm's paper no. 982) Cover Image

Ocena projektu nowelizacji ustawy o ochronie zdrowia przed następstwami używania tytoniu i wyrobów tytoniowych (druk sejmowy nr 982)
Assessment of the Bill to Amend the Act on Health Protection Against the Consequences of the Use of Tobacco and Tobacco Products (Sejm's paper no. 982)

Author(s): Bartłomiej Oszkinski, Filip Pańczyk
Subject(s): Constitutional Law, Health and medicine and law, Law on Economics
Published by: Kancelaria Sejmu
Keywords: bill; health protection; Constitution; European Union;

Summary/Abstract: The prohibition on the sale of heated tobacco products with a distinctive aroma introduced by the Bill constitutes a limitation upon the freedom of consumers of such products and upon the freedom of economic activity of entities involved in the production and distribution of such products. However, under the Constitution, the need to protect public health constitutes a justification for limiting constitutional rights or freedoms. Such interference should be based on the results of relevant empirical research, which would form the basis for assessing the constitutionality of the proposed prohibition. Moreover, in the light of the principle of citizens' trust in the state and the law enacted by it, manifested in the requirement to protect interests in progress, the legal situation of the entities affected by this prohibition should be regulated in transitional provisions.

  • Issue Year: 2025
  • Issue No: 85
  • Page Range: 221-236
  • Page Count: 16
  • Language: Polish
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