TY - JOUR
TI - An attempt at reflection on the state response to the COVID-19 pandemic – remarks on the legal order during the period of the epidemic and its impact on human rights and freedoms
AU - Czarnow, Sławomir
TI - An attempt at reflection on the state response to the COVID-19 pandemic – remarks on the legal order during the period of the epidemic and its impact on human rights and freedoms
AB - 
	The article concerns the relevant legal aspects of the state of epidemics, the state of epidemic emergency and the state of natural disaster, as well as the permissible procedures for restricting rights and freedoms during these states in light of the Constitution of the Republic of Poland. In particular, the vagueness of the prerequisites for the introduction of these states and the arbitrariness of the application of solutions, including anti-epidemic restrictions through ordinances are pointed out. The issue of punishing violations of anti-epidemic prohibitions and orders is also raised, with emphasis on the low effectiveness of administrative penalties. Excessive powers of the executive and responding to an emergency without parliamentary control are also pointed out.
VL - 2023
IS - 1 (34)
PY - 2023
SN - 2392-1943
C1 - 2720-3670
SP - 99
EP - 126
DO - 10.4467/23921943RP.23.006.18265
UR - https://ejournals.eu/en/journal/radca-prawny/article/proba-refleksji-nad-reakcja-panstwa-na-pandemie-covid-19-uwagi-o-porzadku-prawnym-czasu-epidemii-i-jego-wplywie-na-prawa-i-wolnosci-czlowieka
KW - state of emergency
KW - state of natural disaster
KW - state of epidemic
KW - state of epidemic emergency
KW - administrative fine
KW - human rights and freedoms
KW - countering COVID-19
KW - statutory authorization