Ustawodawstwo covidowe w świetle hierarchii źródeł prawa w Polsce – wybrane aspekty
Covidium legislation in the light of the hierarchy of sources of law in Poland – selected aspects
Author(s): Kinga Chrobak, Wiktoria BurekSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Constitution of the Republic of Poland; COVID-19; sources of law; restrictions; state of emergency
Summary/Abstract: The aim of the article is to discuss legal solutions adopted in response to the spreading SARS-CoV-2 virus pandemic and their location in the hierarchy of sources of law in Poland. Selected legal regulations adopted in connection with the announcement of the COVID-19 virus epidemic have been analysed. The assessment of compliance of Covidian sources of law with the hierarchy of legal acts indicated by the Constitution is made through an analysis of the introduced restrictions, such as: the obligation to cover mouths and noses, closure of catering establishments or restrictions on their operation, implementation of the principle of openness in court hearings or violation of the principle of non-discrimination of entrepreneurs. At the same time, the paper addresses the problem of the introduction of one of the states of emergency provided for by the Constitution. The article is based on substantive legal provisions, court rulings and commentaries by persons specialising in constitutional law. At the same time, it provides a comparative account of the ‘covidium regulations’ and fundamental rights under the Constitution of the Republic of Poland.
Journal: Rocznik Administracji Publicznej
- Issue Year: 2022
- Issue No: 8
- Page Range: 25-39
- Page Count: 15
- Language: Polish