Malinowski, Michał

Konstytucyjność ograniczenia wolności zgromadzeń w Polsce w związku z wybuchem pandemii COVID-19

Introduction

Konstytucyjność ograniczenia wolności zgromadzeń w polsce w związku z wybuchem pandemii covid-19. Analiza konstytucyjności ograniczeń wolności zgromadzeń w Polsce w czasie pandemii COVID-19. Artykuł bada przepisy antyepidemiczne i ich zgodność z prawem konstytucyjnym.

Abstract

dc.title: Konstytucyjność ograniczenia wolności zgromadzeń w Polsce w związku z wybuchem pandemii COVID-19 dc.contributor.author: Malinowski, Michał dc.description.abstract: The article presents issues regarding the essence of the freedom of as sembly, the definition of assembly and possibility of limiting this civil liberty under Article 57 of the Constitution of the Republic of Poland at the level of Article 31 clause 3 and Article 233 of the said Act. The paper are also pre sents issues related to the state of epidemic which was introduced in Poland on 20th March 2020 and the restrictions connected with it. The article also mentions governmental anti-epidemic regulations of the Council of Minis ters and their role in shaping the law aimed at preventing the transmission of SARS-CoV-2 virus. The regulations restricting assemblies introduced by the Council of Ministers have been compiled with the current jurisprudence of common and administrative courts.

Review

This paper addresses a highly pertinent and constitutionally significant topic: the limitations imposed on the freedom of assembly in Poland during the COVID-19 pandemic. The timely analysis delves into the intricate legal framework governing this fundamental civil liberty, specifically examining its essence, definition, and the permissible scope of restrictions under Articles 57, 31 clause 3, and 233 of the Constitution of the Republic of Poland. The author meticulously positions the discussion within the unprecedented context of the state of epidemic declared on March 20, 2020, in Poland, making the research particularly relevant for understanding the balance between public health and fundamental rights during crises. The methodology employed in the article appears robust, encompassing a detailed review of the constitutional provisions that allow for the limitation of liberties. A key strength lies in its explicit consideration of the governmental anti-epidemic regulations issued by the Council of Ministers, critically assessing their role in shaping the legal landscape for preventing SARS-CoV-2 transmission. Furthermore, the paper distinguishes itself by compiling these executive regulations with the contemporary jurisprudence of both common and administrative courts. This comparative approach is crucial for providing a comprehensive understanding of how these restrictions were interpreted and applied in practice, offering valuable insights into the judiciary's role in upholding constitutional principles during a public health emergency. Overall, Malinowski's article offers a valuable contribution to the discourse surrounding constitutional law and emergency powers. By systematically dissecting the legal basis, practical implementation, and judicial oversight of assembly restrictions during the pandemic, the work provides a critical examination of the Polish legal system's response to an extraordinary challenge. The rigorous analysis of constitutional articles, governmental decrees, and court rulings makes this paper an essential resource for scholars, legal practitioners, and policymakers interested in the delicate interplay between state authority, individual freedoms, and public health in times of crisis. It promises to be a foundational piece for future studies on the constitutional implications of pandemic responses.

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