Środki przymusu bezpośredniego przed sądem
Coercive measures before the court

Summary/Abstract: The purpose of this paper is to present substantial constitutional issues concerning the coercive measures in Poland. My paper has a diagnostic character and is based on the judgments of Constitutional Court. The essence of the coercive measure is to disable the freedom of movement and human activities leading to reduction of physical activity and achieve mental and physical submission. Coercive measures are applied in a manner independent of the will of man by an authorized officer in the response to dangerous behaviors. Limitation of physical activity leads to mental subordination to the officer’ commands. Coercive measures violate the personal liberty and for this reason its must be regulated by law. With regard to the presented cases, the Tribunal pointed out that it has drawn attention in its rulings to the fact that the requirement to include all fundamental elements of legal provisions in a statute, combined with the prohibition against regulating them in a regulation, as a sub-statutory act, concerns primarily matters related to the individual’s rights and freedoms or to the actions of public authorities which have legal effects for citizens.

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