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

2021 ◽  
pp. 1-29
Author(s):  
Leszek Bosek
Keyword(s):  
Infectious Diseases ◽  
Normative Model ◽  
The Republic ◽  
Polish Law ◽  
Emergency Measures

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.

scholarly journals The Normative Structure of the State of Epidemic under Polish Law

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Leszek Bosek
Keyword(s):  
Infectious Diseases ◽  
Preventive Measures ◽  
The State ◽  
Health Consequences ◽  
Public Authorities ◽  
Normative Structure ◽  
Legal Situation ◽  
Emergency Measure ◽  
The Republic ◽  
Polish Law

This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Ograniczenia wolności kultu religijnego w czasie pandemii COVID-19: między konstytucyjnością a efektywnością

2021 ◽  
Vol 3(164) ◽  
pp. 143-165
Author(s):  
Piotr Stanisz
Keyword(s):  
The Other ◽  
Legislative Process ◽  
States Of Emergency ◽  
Broad Concept ◽  
The Future ◽  
The Face ◽  
The Republic ◽  
Polish Law ◽  
Council Of Ministers ◽  
Taking Action

The purpose of the present study is to analyse the restrictions on the freedom of religious worship introduced by the Polish executive authorities in the face of the spreading COVID-19 epidemic. The analysis aims to answer questions not only concerning the conformity of these actions with the Constitution of the Republic of Poland and statutory laws, but also pertaining to the issue of the level of preparation of Polish law for an epidemic. In reference to these questions, the author concludes that the introduction of restrictions on the freedom to manifest religion by acts of worship in the regulations issued by the Minister of Health and the Council of Ministers exceeds the bounds of statutory authorisation and is inconsistent with the Polish Constitution. According to the Constitution of the Republic of Poland, passing a law remains the only admissible way of introducing restrictions on the freedom of manifestation of religion, and there are no exceptions to this rule even in states of emergency. On the other hand, the author also points out that if the effectiveness of combating this kind of epidemic really depends on possibility of introducing the above-mentioned restrictions without a long legislative process, it means that Polish executive authorities have been confronted by the constitutional legislator and the legislature with a choice between being efficient and acting in conformity with the Constitution and statutory laws. Therefore, the article postulates that it is necessary to make deep changes to the current law. Elaborating a broad concept of these changes requires further analysis, and the relevant discussion needs to take into account the experience gained so far in combating the coronavirus epidemic, the importance of freedom of thought, conscience and religion, and the solutions adopted in other countries. A clear and balanced, as well as properly sequenced and democratically justified specification of the rules that should be followed by the executive when introducing restrictions related to the spread of the epidemic, even with regard to such important values as the freedom to manifest religion through acts of worship, is undoubtedly more appropriate than formally ruling out the possibility of taking action that may turn out necessary in the future.

scholarly journals Strengthening the Healthy Living Society Movement (GERMAS) during the Covid Pandemic 19

2020 ◽  
Vol 2 (1) ◽  
pp. 30-44
Author(s):  
Rizal Sanif
Keyword(s):  
Infectious Diseases ◽  
Marked Change ◽  
Health Problems ◽  
Communicable Diseases ◽  
Healthy Living ◽  
Non Communicable Diseases ◽  
Important Health ◽  
The Republic ◽  
The Government ◽  
Basic Infrastructure

Health problems in Indonesia are very serious challenges. The main problem is that there is a triple burden or three important health problems related to the eradication of infectious diseases, an increase in cases of non-communicable diseases and the re-emergence of types of diseases that should have been successfully resolved. Infectious diseases such as diarrhea, tuberculosis and dengue fever were the most common health cases; now there has been a marked change in the number of cases of non-communicable diseases such as diabetes, cancer and coronary heart disease. The Government of the Republic of Indonesia at the Ministry of Health in 2017 launched GERMAS or Healthy Living Community Movement. GERMAS is a movement that aims to promote a culture of healthy living and leave unhealthy habits and behavior of society. The GERMAS action was also followed by promoting hygiene and healthy living habits and support for community-based infrastructure programs. This program has several focuses, such as building access to meet drinking water needs, community health installations and the construction of habitable settlements. The three of them are the basic infrastructure that is the foundation of the healthy life movement.

scholarly journals The main aspects of the immunoprophylaxis of infectious diseases in the Republic of Dagestan

2019 ◽  
Vol 18 (3) ◽  
pp. 42-45
Author(s):  
N. S. Karnayeva ◽  
L. U. Ulukhanova ◽  
A. G. Gadzhimirzaevа ◽  
S. G. Agaevа
Keyword(s):  
Hepatitis B ◽  
Infectious Diseases ◽  
Viral Hepatitis ◽  
Viral Hepatitis B ◽  
The Republic ◽  
Vaccine Prophylaxis ◽  
Religious Reasons ◽  
To Receive ◽  
Positive Effect ◽  
Epidemiological Situation

The analysis of the epidemiological situation of vaccine-preventable infections in the Republic of Dagestan. The introduction of mass vaccine prophylaxis had a positive effect on reducing the incidence of infections such as poliomyelitis, diphtheria, tetanus, rubella, and viral hepatitis B in the Republic of Dagestan. However, despite the ongoing routine immunization of the population for “controlled” infections, the incidence of measles and parotitis infection remains high in 2018, this is due to an increase in the number of people who refuse to receive preventive vaccinations, in most cases, for religious reasons.

scholarly journals Vaccination of cattle in the system of antiepizootic measures in Buryatia

2021 ◽  
pp. 46-52
Author(s):  
O. B. Badmaeva
Keyword(s):  
High Risk ◽  
Infectious Diseases ◽  
Environmental Conditions ◽  
Far East ◽  
Well Being ◽  
Entire Region ◽  
The Far East ◽  
Natural Foci ◽  
Epizootic Process ◽  
The Republic

On the territory of the Republic of Buryatia, six nosological forms of infectious diseases have epizootic significance among cattle. The most widespread are leptospirosis, rabies, and isolated cases of pasteurellosis. Natural foci of rabies were formed, confined to the environmental conditions of the neighboring territories of Mongolia and the TRANS-Baikal territory. Epizootic process tends to polyhostal manifestation with the threat of expanding the focus and complicating the epidemic situation in the entire region of Siberia and the Far East. In 2018 169 heads of cattle were identified with a positive reaction to leptospirosis in 13 administrative districts. Preventive immunization of animals with the control of immunity tension in areas with a high risk of introduction of infectious diseases is the basis for maintaining epizootic well-being throughout the region.

scholarly journals SANITARY PROTECTION OF THE REPUBLIC OF MORDOVIA TERRITORY DURING THE PREPARATION AND HOSTING THE 2018 FIFA WORLD CUP

2019 ◽  
pp. 59-64
Author(s):  
T.P. Kharitonova ◽  
N.A. Stepanov
Keyword(s):  
Infectious Diseases ◽  
World Cup ◽  
Fifa World Cup ◽  
The Republic

We presented the results of the organization and work execution to ensure the epidemiological safety of the population and guests of the 2018 FIFA World Cup in Saransk: sanitary protection of the territory; surveillance on natural focal, zoonotic and other dangerous infectious diseases; prevention and participation in liquidation of emergency sanitary-epidemiological situations.

scholarly journals Analysis of syphilis incidence in the Republic of Mordovia

2019 ◽  
Vol 4 (4) ◽  
pp. 29-32
Author(s):  
Ekaterina V. Blinova ◽  
Oksana P. Balykova ◽  
Denis I. Laseev ◽  
Natalya N. Chernova ◽  
Ludmila I. Kitaeva
Keyword(s):  
Sexual Behavior ◽  
Health Education ◽  
Infectious Diseases ◽  
Annual Report ◽  
Skin Diseases ◽  
Morbidity Rate ◽  
Sexually Transmitted ◽  
Social Patterns ◽  
The Subject ◽  
The Republic

Objectives - to study the syphilis morbidity rate in the population of the Republic of Mordovia in years 2015-2017, to determine the age, sex and social patterns of morbidity. Material and methods. The subject of the analysis was the data of the official annual report on sexually transmitted infectious diseases, and contagious skin diseases in the Republic of Mordovia in 2015-2017. Results. In 2017 the syphilis morbidity comprised 21.1 per 100k (total of 171 cases), this result is 2.8% lower than in 2016 (21.7 per 100k). In general, the morbidity rate remains 1.5 times higher than overage in Russia. Despite the positive dynamics, the preconditions for the further prevalence of syphilis among the population remain. Conclusion. Additional measures are required, aimed at raising the general cultural level and health education of the population, regarding to the safe sexual behavior, especially among people of fertile age.

Problems of disinfectological provision of the population in the pandemic period of COVID-19 infection in the Republic of Moldova

2021 ◽  
pp. 45-51
Author(s):  
Vasily Aleksandrovich Tsurkan ◽  
Keyword(s):  
Infectious Diseases ◽  
Initial Period ◽  
Well Being ◽  
Poor Quality ◽  
Existing Problems ◽  
Treatment And Prevention ◽  
Coronavirus Infection ◽  
The Republic ◽  
Economic Nature

The principles of organizing and implementing anti-epidemic, including disinfectological measures for COVID-19 infection were studied, and the results of the state of readiness of interested services in the localization and elimination of focuses of coronavirus infection were presented. It was noted that the untimely solution of existing problems of a socio-economic nature contributed to the development of the pandemic process of COVID-19 infection. In the initial period of the development of the pandemic in most countries of the world, including Moldova, the system for monitoring and actively detecting cases of the population of COVID-19 did not work. Lack of disinfection services and insufficiently trained disinfectologists lead to untimely and poor-quality disinfection measures. The role of the disinfectological service in ensuring the epidemiological well-being of the population is argued. The necessity of creating a new, comprehensive system for protecting the country’s population from especially dangerous infectious diseases has been substantiated. Keywords: disinfection measures, biocides, treatment and prevention organizations, pandemic process, technologies, methods, forces and means, provision, infectious diseases, COVID-19 infection

The structure of the main infectious diseases of farm animals in the border districts of the Badakhshan province of the Islamic Republic of Afghanistan

2021 ◽  
Vol 1 (5) ◽  
pp. 26-32
Author(s):  
G. Sh. Navruzshoeva ◽  
◽  
A. R. Nazarbekov ◽  
N. V. Pimenov ◽  
◽  
...  
Keyword(s):  
Infectious Diseases ◽  
Preventive Measures ◽  
Geographical Location ◽  
Foot And Mouth Disease ◽  
Farm Animals ◽  
Economic Damage ◽  
Islamic Republic ◽  
Predisposing Factor ◽  
Central Asian ◽  
The Republic

A brief description is given on the spread of the main infectious diseases in the Badakhshan province, the Islamic Republic of Afghanistan. One of the main goals which the veterinary service of any country has is to prevent the spread of infectious animal diseases. The geographical location of the Badakhshan province, of the Islamic Republic of Afghanistan, becomes a predisposing factor for the spread of infectious diseases, especially the territory of the Republic of Tajikistan, which borders Afghanistan and is part of the union of independent countries, is especially vulnerable. Every year in the province of Badakhshan, various infectious diseases break out: foot and mouth disease, smallpox of sheep and chickens, contagious pleuropneumonia of goats, enterotoxaemia of sheep, emphysematous carbuncle. These diseases cause great economic damage to livestock and the national economy in general, some of them are included in the OIE list as transboundary diseases. Scientifically grounded research and veterinary, sanitary and preventive measures in Badakhshan province are an important task to prevent the spread of infectious diseases in the Central Asian region.

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