Konstytucyjne uwarunkowania zwalczania chorób epidemicznych w Polsce. Wybrane zagadnienia w świetle doświadczeń przeciwdziałania COVID-19
The Constitutional conditions for combating epidemic diseases in Poland. Selected issues in the light of the experience of counteracting COVID-19

Summary/Abstract: To counteract the spread of the COVID-19 epidemic, tools interfering with human freedoms and rights were largely used, some restrictions being introduced in a manner inconsistent with the Constitution. It is therefore necessary to examine whether, under the conditions of a regular functioning of the state, the requirements imposed on the authorities by the Constitution in the field of combating epidemic diseases, in particular in the aspect of using restrictions on freedoms and rights for this purpose, were met in the process of counteracting the COVID-19 epidemic. A mainly formal-dogmatic research method was used, thanks to which it was established that the main, although not the only, directive for the action of public authorities resulting from Article 68 of the Constitution, is the need to provide a legal framework for an efficient functioning of the health care system, which is not harmed when anti-epidemic activities dominate its structure. Therefore, the legislator should fulfill their duty, first of all, by preparing a system for efficient operation during an epidemic, instead of manually controlling anti-epidemic activities in a crisis situation.

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