• Restrictions on Human Rights and Freedoms During the Time of Epidemic in Poland

    Author: Agnieszka Gajda
    Institution: University of Gdansk
    ORCID: https://orcid.org/0000-0003-1348-174X
    Year of publication: 2020
    Source: Show
    Pages: 17-27
    DOI Address: https://doi.org/10.15804/ppk.2020.05.01
    PDF: ppk/57/ppk5701.pdf

    When in 2020 the World Health Organization announced a COVID-19 contagious disease pandemic, it was clear that governments must take actions to limit the consequences of pandemia. Poland was one of the first to introduce far-reaching measures, limiting freedom of movement and closing an increasing number of business and activities. The Polish Constitution contains potential extraordinary measures, including the provision for declaring a “state of natural disaster”, but the Polish government has refrained from enacting it. Instead, it is based on a “state of epidemic”, which is not provided for in the Constitution as the legal ground for limiting human rights. The purpose of this study is to answer the question whether human rights restrictions introduced during the epidemic have a sufficient legal basis from the point of view of the Polish Constitution and the resulting principles.

  • Realizacja normy programowej wynikającej z art. 68 ust. 4 Konstytucji RP w stanie epidemii COVID-19 (uwagi ogólne)

    Author: Justyna Węgrzyn
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0002-7996-9441
    Year of publication: 2021
    Source: Show
    Pages: 147-158
    DOI Address: https://doi.org/10.15804/ppk.2021.03.09
    PDF: ppk/61/ppk6109.pdf

    Implementation a Programmatic Norm Resulting from Article 68 para. 4 of the Constitution of Poland in the State of the COVID-19 Epidemic (general comments)

    The article refers to the issue related to the implementation by public authorities of the obligation to combat epidemic diseases. The COVID-19 epidemic situation in Poland requires the state to intensify its efforts to prevent the spread of the COVID-19 infectious disease. Actions taken by public authorities are related to, inter alia with the need to restrict the freedoms and rights of the individual, which may be introduced provided that they are consistent with the requirements provided in the Constitution of Poland. The article points out the irregularities occurring in this area, taking into account the jurisprudence of the Constitutional Tribunal, and the views of the doctrine

  • Restrictions in Freedom of Business Activity and Worker Rights. Comparative Analysis of Provisions in Force During the 1st Wave of COVID-19 Pandemic and Constitutional Regulations on the State of Emergency

    Author: Agata Ludera-Ruszel
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-4433-5884
    Author: Karol Piękoś
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-4545-5909
    Year of publication: 2021
    Source: Show
    Pages: 317-327
    DOI Address: https://doi.org/10.15804/ppk.2021.06.25
    PDF: ppk/64/ppk6425.pdf

    The reaction of the Polish government to the COVID-19 pandemic was the undertaking of numerous actions, which resulted in restrictions in running a business activity. The made decisions gave rise to controversies due to the scale of restrictions despite failure to implement any of the constitutional states of emergency. The article presents an analysis of the scale of restrictions set during the first wave of the pandemic, and an attempt was made to compare their scope with solutions envisioned for the state of emergency.

  • Realizacja zasady jawności w postępowaniu przed sądami administracyjnymi w okresie epidemii wirusa SARS-CoV-2

    Author: Anna Szyszka
    Institution: Uniwersytet Jana Kochanowskiego w Kielcach
    ORCID: https://orcid.org/0000-0002-0333-786X
    Year of publication: 2022
    Source: Show
    Pages: 39-50
    DOI Address: https://doi.org/10.15804/ppk.2022.02.03
    PDF: ppk/66/ppk6603.pdf

    Implementation of the Principle of Open Proceedings Before Administrative Courts During the SARS-CoV-2 Pandemic

    The introduction of the SARS-CoV-2 virus epidemic on March 20, 2020 resulted in changes in the functioning of the Polish administrative judiciary in the field of examining administrative court cases. The solutions provided for in Art. 15 zzs4 of the Covid act provide for the possibility of conducting a court-administrative hearing in a differentiated mode with the consent of the party to the proceedings. Moreover, the powers of the head of the division in the field of hearing cases in administrative courts are significantly modified. At the same time, it should be noted that the provision of Art. 182 p.p.s.a. relating to the examination of cassation complaints by the Supreme Administrative Court. The threat to human health and life caused by the SARS-CoV-2 virus made it necessary to adapt the functioning of administrative courts to the changed reality in such a way as not to eliminate the threat to the parties to the proceedings by introducing the possibility of holding a hearing in a place or hearing the case in closed session. The solution enabling the parties to participate in a remote hearing affects the implementation of the principle of open proceedings.

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