Published: 2021-06-07

Constitution in "times of plague" that is, about the omissions of the authorities and their legal consequences

Monika Haczkowska
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.3529

Abstract

The outbreak of the COVID-19 epidemic in the world made it necessary to take action to prevent the further spread of the virus and minimize the negative consequences for human health and life and the economy. In Poland, the Minister of Health introduced an state of the epidemic by way of a regulation. From the very beginning, the procedure and the rank of adopted legal acts raised serious constitutional doubts. Just like omissions on the part of public authorities. First of all, the failure to introduce one of the constitutionally defined states of emergency, especially a state of natural disaster, 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 question who is responsible for this state of affairs.

Keywords:

the Constitution, state of the epidemic, state of natural disaster, omissions of the authorities, violation of the constitution, responsibility of public authorities

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Haczkowska, M. (2021). Constitution in "times of plague" that is, about the omissions of the authorities and their legal consequences. The Opole Studies in Administration and Law, 19(1), 41–63. https://doi.org/10.25167/osap.3529

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