scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

Human and Civil Rights and Freedoms in a State of Natural Disaster and Epidemic Emergency

2021 ◽  
Vol 13 (1) ◽  
pp. 133-142
Author(s):  
Robert Socha ◽  
António Tavares
Keyword(s):  
Civil Rights ◽  
Natural Disaster ◽  
Civil Liberties ◽  
World Health Organisation ◽  
The State ◽  
World Health ◽  
State Of Emergency ◽  
States Of Emergency ◽  
The Social ◽  
The Republic

On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020, the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At the same time, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly and trade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having the above in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties in a state of emergency, such as a state of natural disaster, and in “non-emergency” states, such as a state of epidemic threat and a state of pandemic. Although the word “state” appears in the three mentioned legal situations, the state of natural disaster, as one of the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemic threat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamental disruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease.

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

Manufacturing Emergencies

2002 ◽  
Vol 19 (4) ◽  
pp. 91-102 ◽  
Author(s):  
Ryan Bishop ◽  
John W.P. Phillips
Keyword(s):  
Normal State ◽  
Underground Economy ◽  
The State ◽  
Sovereign Power ◽  
State Of Emergency ◽  
Intrinsic Connection ◽  
States Of Emergency ◽  
The Invisible

The article examines the distinction between the state of emergency and the normal state and an inherent undecidability at the base of the distinction. We argue that states of emergency arise from strategic sovereign decisions to divide visible from invisible, enemy from ally, underground economy from above-ground, illegitimate war from legitimate war. The capacity to so divide is manifested, for instance, in the technology of air raid sirens in a way that indicates the momentum of the technicity that covertly underlies sovereign power. The article, furthermore, shows how the distinction between the visible and the invisible can serve as a mystification, perpetuating the state of emergency by disguising the intrinsic connection between the two domains.

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

Notstandskontrolle

2019 ◽  
Author(s):  
Felix Weber
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Level System ◽  
State Of Emergency ◽  
Sovereign State ◽  
Judicial Control ◽  
States Of Emergency ◽  
Multi Level

Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system? Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.

scholarly journals Special Legal Regimes and Their Status under the Lithuanian Legal System

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 79-98
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Legal System ◽  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Management Regime ◽  
Legal Regimes

Based on the constitutional approach, this article examines three special legal regimes in the Lithuanian legal system: the state of emergency, disaster management regime, and quarantine. The article uses four methodological criteria to reveal the differences and similarities between these legal regimes: a) the basis for the declaration of a particular legal regime, b) the subjects of their declaration and management, c) their duration, and d) the special measures applied during them, including human rights restrictions.

scholarly journals Pomoc finansowa podmiotów prywatnych udzielana jednostkom w stanach nadzwyczajnych

2016 ◽  
Vol 106 ◽  
pp. 269-280
Author(s):  
Joanna Czesak
Keyword(s):  
Financial Aid ◽  
Natural Disaster ◽  
Text Messages ◽  
Martial Law ◽  
State Of Emergency ◽  
Bank Account ◽  
New Public

FINANCIAL AID PROVIDED BY PRIVATE PERSONS TO ENTITIES DURING EXTRAORDINARY MEASURESIn Financial Aid Provided by Private Persons to Entities during extraordinary measures, several forms of help wire transfers, bank account deposits, charity text messages, crowdfunding are discussed. In particular, the article is focused on public fundraising events governed under the Act on the Rules of Public Fundraising dated 14th of March 2014. The analysis also refers to the no longer binding Act on Public Fundraising Events dated 15th of March 1933. Thediscussion is related to the rules of public fundraising during the period of martial law and state of emergency due to natural disaster. The article presents new public fundraising rules, especially the fundraising entity’s obligation to report afundraising event on the portal of public fundraising events.

scholarly journals Emergencies: on the misuse of government powers

Public Choice ◽  
2021 ◽  
Author(s):  
Christian Bjørnskov ◽  
Stefan Voigt
Keyword(s):  
Human Rights ◽  
Natural Disasters ◽  
Natural Disaster ◽  
The State ◽  
Unexpected Result ◽  
Negative Effects ◽  
State Of Emergency ◽  
Presidential Democracies

AbstractNine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with disasters and other extraordinary events? (2) What particular parts of emergency constitutions fare best? We find that the more advantages emergency constitutions confer to the executive, the higher the number of people killed as a consequence of a natural disaster, controlling for its severity. As this is an unexpected result, we discuss a number of potential explanations, the most plausible being that governments use natural disasters as a pretext to enhance their power. Furthermore, the easier it is to call a state of emergency, the larger the negative effects on basic human rights. Interestingly, presidential democracies are better able to cope with natural disasters than parliamentary ones in terms of lives saved, whereas autocracies do significantly worse in the sense that empowerment rights seriously suffer in the aftermath of a disaster.

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