Extraordinary State of Emergency? Poland, Covid-19, and Fundamental Rights

According to Polish Constitution of April 2, 1997, in normal circumstances any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. Simultaneously, in situations of particular danger, if ordinary constitutional measures are inadequate, one of the following appropriate extraordinary measures may be introduced: martial law, a state of emergency or a state of natural disaster. Actions undertaken as a result of the introduction of any extraordinary measure shall be proportionate to the degree of threat and shall be intended to achieve the swiftest restoration of conditions allowing for the normal functioning of the State. The State of emergency enables to limit fundamental rights such as: freedom of economic activity, freedom of assembly, and freedom of movement. Thus, although there is a number of situations where public authorities can restrict above mentioned freedoms, any limitations of fundamental rights and freedoms must satisfy the conditions laid down in the Constitution. However, since March 2020, the Republic of Poland has followed a different path. Since freedom of economic activity, assembly, and movement have been limited by bypassing usual democratic procedures, it raises questions about the nature of legal and political system in contemporary Poland. The aim of this paper is to describe and assess the impact of the Covid-19 pandemic on law-making and democracy in Poland.