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.

scholarly journals Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen

2020 ◽  
Vol 8 (2) ◽  
pp. 35-43
Author(s):  
Gabriela Nemtoi ◽  
Eugenia Gabriela Leuciuc
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Fundamental Rights ◽  
Legal Regime ◽  
State Of Emergency ◽  
Legal Provisions ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
Constitutional Meaning ◽  
Emergency Measures

In Romania, the state of siege and state of emergency is regulated by GEO no. 1/1999 approved by Law no. 453/2004 of the Romanian Parliament. The emergency ordinance expressly provides that the decree of the President of Romania on the establishment of a state of emergency or state of siege must provide for first-line, emergency measures to be taken in such situations, namely the fundamental rights and freedoms whose exercise is restricted, within the limits of the constitutional provisions and of the emergency ordinance. In relation to the above constitutional and legal provisions, arises the question what does it mean that the President establishes, according to the law, the state of siege or emergency? What is the constitutional meaning of the phrase "establish, according to the law"? Does it refer to the fact that the President has only the power to declare a state of emergency or a state of siege, under the subsequent control of a Parliament which enjoys only the power to approve the measure? Or does it refer to the fact that the President has the competence to implement / execute the provisions of the law that establishes the legal regime of the state of siege or of the state of emergency in Romania? In this context, it is necessary to look at the limits of the fundamental rights and freedoms of the citizen in the event of a state of emergency.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

TOURISM INDUSTRY OF PLOVDIV IN THE CONDITIONS OF EMERGENCY MEASURES

2020 ◽  
Author(s):  
Zlatka Grigorova ◽  
Keyword(s):  
Online Survey ◽  
Tourism Industry ◽  
The State ◽  
Economic Situation ◽  
State Of Emergency ◽  
Current Economic Situation ◽  
Potential Customers ◽  
Emergency Measures ◽  
Innovative Approaches

The report summarizes information on the state of the tourism business in Plovdiv after the introduction of Covid-19 restrictive emergency measures, as well as the expectations for the development of tourism in the coming months based on an online survey at the end of April 2020. The report outlines the overall state of the industry as well as the difficulties it faces and the efforts it made to retain employment and towards recovery. The adaptability of the business in the current economic situation and the search for new innovative approaches to attract and welcome tourists are highlighted, in order to reach more potential customers after the end of the state of emergency.

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals DEVELOPMENT OF ENVIRONMENTAL MARKETING IN THE CONTEXT SUSTAINABLE DEVELOPMENT OF THE REPUBLIC OF BELARUS

2021 ◽  
pp. 103-111
Author(s):  
S. Bunko
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
State Level ◽  
The State ◽  
World Community ◽  
Environmental Marketing ◽  
Responsible Consumption ◽  
The World ◽  
Development Goals ◽  
The Republic

The article is devoted to the analysis of the inclusion of the Republic of Belarus in the processes of achieving the goals of sustainable development adopted by the world community. Environmental marketing is seen as a tool to achieve sustainable development goals in the area of responsible consumption. The essence of environmental marketing at the level of organizations and at the state level is determined. Directions for the development of environmental marketing in the Republic of Belarus have been identified in order to reduce the volume of non-decomposable waste and waste that cannot be recycled, including due to improper collection.

Dismantling Checks and Balances (II): Judges and Prosecutors

2019 ◽  
pp. 96-131
Author(s):  
Wojciech Sadurski
Keyword(s):  
Judicial System ◽  
National Council ◽  
Public Prosecution ◽  
Checks And Balances ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
The Common ◽  
Law And Justice ◽  
The Republic ◽  
The Government

After transforming the Constitutional Tribunal (CT) into an active ally of the government, the Law and Justice (Prawo i Sprawiedliwość (PiS)) party in Poland embarked upon the comprehensive subjection of the entire judicial system to the executive, and in particular to the president of the Republic and the minister of justice/prosecutor general (MJ/PG). This chapter discusses how, for this purpose, the National Council of Judiciary (Krajowa Rada Sądownictwa (KRS)) was packed with the party faithful thanks to a changed system for selecting members of the KRS (they are now directly elected by Parliament, rather than by judges). It also deals with how the effect of the new law on the Supreme Court was a brand new court composition with a pro-PiS majority: this was created by combining early retirement for incumbent judges and increasing the number of seats on the Court. The chief justice’s constitutionally guaranteed term of office has been extinguished. It also looks at another statute, on the common courts, that has strengthened the power of the MJ to control court presidents, and hold judges accountable for their verdicts through a new disciplinary procedure. Finally, the chapter looks at how the prosecutorial system (prokuratura) was merged with that of the MJ, with the MJ becoming the ex officio PG, producing a deeply politicized system of public prosecution.

scholarly journals IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUSIONAL LAW SYSTEM IN INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 405
Author(s):  
Muhammad Rinaldy Bima
Keyword(s):  
The State ◽  
State Function ◽  
State Of Emergency ◽  
Law System ◽  
State Administration ◽  
Legal Document ◽  
State Governance ◽  
Governance Practice ◽  
The Common ◽  
The Republic

This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life

II. Dutch Views and Uses of British Policy in India around 1800

Itinerario ◽  
1988 ◽  
Vol 12 (1) ◽  
pp. 17-32
Author(s):  
Robert van Niel
Keyword(s):  
De Novo ◽  
The State ◽  
Final Report ◽  
Total Change ◽  
Group Of Seven ◽  
East Indies ◽  
The World ◽  
The Hague ◽  
The Republic ◽  
The Government

On August 31, 1803, a group of seven men, comprising the Commission for East Indies Affairs (Commissie tot de Oost-Indische Zaken), submitted the final report of its deliberations to the Government of the State of the Batavian Republic (Staatsbewind der Bataafsche Republiek) in The Hague. This Commission had been called into existence in November 1802 to make recommendations on how best to administer and conduct trade with the nation's possessions in the East Indies in a fashion that would render the greatest advantage to the nation's finances and profit to its commerce. Only a couple of years earlier Holland's monopolistic United East Indies Company (VOC) had been terminated by the Republic, and its assets and liabilities assumed by the State. The liabilities were immediately identifiable, for they consisted of debts which had to be paid in hard cash. The assets, on the other hand, consisted of territories – most of which had fallen under English control – and factories that somehow had to be made profitable, but seemed, given the then-existing conditions in the world, to be almost out of reach. The Commission was supposed to make recommendations as to how the remaining, territories of the VOC should be managed and how the trade with the East Indies and Asia in general was to be made profitable. This was no small task, so it may appear somewhat wondrous that the Commission was able to complete its work in less than ten months. The dispatch with which the Commission's work was completed, however, is more understandable if it is realised that the financial collapse of the VOC had been openly recognised since 1786, and various proposals for either reform or total change of the Company's system had been presented and discussed. These alternative proposals were well known to the members of the Commission. Their work, therefore, involved striking a balance among these proposals rather than creating a system de novo.

Legal Aspects of Protecting the State Border of the Republic of Poland during Pandemics

2020 ◽  
Vol 75 ◽  
pp. 189-204
Author(s):  
Robert Socha
Keyword(s):  
Public Health ◽  
Legal Aspects ◽  
The State ◽  
World Health ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
International Threat

The problems raised in this article focus on the issues related to the solutions adopted by the Polish legislator as to the protection of the state border in the context of an international threat. The author presents the legal conditions related to the probability of temporary reintroduction of border control for persons crossing the state border regarded as an internal border of the European Union in the event of a threat to public health. The background for these considerations are legal regulations concerning the change in the organization of the protection of the state border of the Republic of Poland, as introduced due to the World Health Organization’s announcement of the pandemic caused by the SARS-CoV-2 coronavirus leading to the COVID-19 disease.

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.

Sign in / Sign up

Export Citation Format

Share Document