Published December 3, 2022 | Version v1
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Lawfulness of the introduction of a state of emergency and the limitations on civil rights under it, including restriction on movement

Description

Under Art. 228 § 1 of the Constitution of the Republic of Poland, the introduction of t state of emergency is permissible only in situations of special threat, if the ordinary constitutional measures are insufficient. Furthermore, the declaration of a state of emergency is admissible only in the event of a threat to the constitutional system of the state, security of citizens or public order (Art. 230 § 1 of the Constitution). The prerequisites specified in both these provisions must be met jointly for the introduction of a state of emergency to be permissible, and therefore legal.

Files

Górski M., Lawfulness of the introduction of a state of emergency and the limitations on civil rights under it.pdf

Additional details

References