Anti-Epidemic Emergency Regimes under Polish Law in Comparative, Historical and Jurisprudential Perspective

Abstract

The SARS-CoV-2 crisis of 2020 triggered a number of unprecedented reactions of European states, in particular in the form of either constitutional emergency measures or statutory anti-epidemic emergency measures. Poland chose to deal with the crisis by delegating powers to the executive by ordinary legislative means and declared a nationwide state of epidemic emergency on 13 March 2020 and a week later a state of epidemic on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases. For a century, Poland has been dealing with epidemics by delegating powers to the executive by ordinary legislative means. Anti-epidemic emergency measures were developed under the relevant acts of 1919, 1935, 1963, 2001, 2008 and now form an autonomous normative model authorised directly by Article 68 (4) of the Constitution of the Republic of Poland of 2 April 1997. The Constitution of 2 April 1997 authorises also extraordinary measures in situations of particular danger, “if ordinary constitutional measures are inadequate”. This article analyses anti-epidemic emergency regimes under Polish law in a comparative, historical and jurisprudential perspective.

Qualification of Freedom of Religious Assembly in the Period of Ordinary Functioning of the State and in the Legislation from the Time of COVID-19 Pandemic in Poland

“…It worth noting that in some countries, the executive authorities have been given special powers to impose restrictions on freedom of assembly and explicitly singled out religious observances. 33 Th is is because the Act is a legal act that has an appropriate level of social legitimacy, and the legislative procedure allows for a proper discussion of the permissibility of the restrictions and their scope. 34 Th e ordinance as a legal act is not distinguished by these characteristics.…”

The Normative Structure of the State of Epidemic under Polish Law

“…12 In turn, administrative courts hear complaints against decisions of sanitary inspection imposing fines for violating sanitary regulations. 13 It seems that judicial review of emergency powers is convincingly considered as a constitutional standard to protect the rights of citizens (Jackson, 2004: 368-369).…”