already in force
The Special Coronavirus Act excludes the application of the Construction Law to matters related to the coronavirus pandemic. What are the benefits and risks of this exclusion?
On 13 March 2020, an executive regulation of the Minister of Health on the declaration of an epidemiological threat in the Republic of Poland entered into force. It indicates that in the period from 14 March 2020 until further notice a state of an epidemiological threat is declared in the Republic of Poland due to infections from the SARS-CoV-2 virus. The result is, inter alia, suspension of international air and rail connections and a ban on foreigners entering the Republic of Poland. In turn, each person crossing the state border to return to its place of residence or stay in the Republic of Poland must submit to a mandatory 14-day quarantine. Its basis differs from general rules in this respect.
Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through a Special Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision). Do individuals have any means of legal protection in this context?
On 8 March 2020, the Law on special arrangements for the prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them (Crisis Act) took effect. It introduced a number of provisions setting rules and procedures for preventing and combating infection and spread of the COVID-19 infectious disease caused by the SARS-CoV-2 coronavirus as well as tasks of public administrations in this regard.
An overhaul of Polish civil procedure was published on 6 August 2019. The amending act partly entered into force on 21 August, but most of the new rules apply from 7 November. What can we say so far about the new rules, what should be expected, and what are the worries?