Konstytucja w „czasach zarazy”, czyli o zaniechaniach organów władzy i ich konsekwencjach (skutkach) prawnych
The Constitution at the “time of plague”, that is about negligence by the authorities and legal consequences of thereof

Summary/Abstract: The outbreak of the COVID-19 pandemic in the world made it necessary to takeaction to prevent further spread of the virus and minimize the negative consequences forhuman health, life and the economy. In Poland, the Minister of Health introduced the stateof epidemic by way of a regulation. From the very beginning, the procedure and the rankof adopted legal acts raised serious constitutional doubts, similarly as numerous other itemsof negligence on the part of public authorities. First of all, it refers to the failure to introduce one of the constitutionally defined states of emergency, especially the state of naturaldisaster, which by its nature corresponded best to the epidemic situation in the country.That resulted in a legal state of chaos and a number of negative social and economic consequences. Therefore, it was reasonable to ask who should be held responsible for this stateof affairs. An analysis of the introduced orders, prohibitions and restrictions on freedomsand human rights allows us to conclude that there are grounds for holding the authorities accountable. This concerns both the State’s liability for damages and the constitutionalliability of persons holding the highest offices in the state before the State Tribunal.

• Details
• Contents