Nowelizacja ustawy z dnia 4 września 2008 r. o ochronie żeglugi i portów morskich jako przejaw zmian legislacyjnych w zakresie zwalczania zagrożeń hybrydowych
Amendment to the Act of 4 September 2008 on the protection of shipping and seaports as a manifestation of legislative changes in the field of combating crisis threats

Summary/Abstract: This text presents considerations regarding the amendment to the Act of 4 September 2008 on the protection of shipping and seaports as a manifestation of legislative changes in the field of combating crisis threats. These risks are related to, among others: using ships and other floating objects as tools to attack critical maritime infrastructure. The purpose of these considerations is to attempt to determine whether and to what extent the above-mentioned amendment serves to ensure security, as well as to formulate postulates, the implementation of which may contribute to increasing the state’s resistance to a potential crisis. Based on the considerations, the following conclusions were formulated: the provisions contained in the Act of March 26, 2023, amending the Act on the protection of shipping and sea ports and certain other acts take into account new forms and types of threats threatening maritime critical infrastructure in the broad sense; the amendment to the Act in question allows the sinking of a ship or floating object by the Polish Armed Forces; for praxeological reasons, it is important to ensure safe, fast and reliable communication in the process of making and implementing decisions eliminating the source of threat to maritime critical infrastructure; it is wrong to assume that the lives of innocent people can be sacrificed to stop or prevent a terrorist attack on critical maritime infrastructure, an attack by an unflagged ship or vessel or a false flag attack; the legislator should not “take shortcuts” by explaining the violation of constitutional matters as a matter of ensuring public security

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