The subject of this contribution is the question of the constitutionality of the sanctions for violation of restrictions and prohibitions introduced during the outbreak of the SARS-CoV-2 coronavirus epidemic in Poland. The starting point for our considerations is the distinction made by the Polish Constitution between extraordinary and ordinary measures in dealing with dangers. Extraordinary measures (which include, inter alia, the state of natural disaster) allow for more severe limitations of constitutional rights and freedoms than is permitted by the ordinary ones. The state of epidemic introduced in Poland on 31 March 2020, is an ordinary measure. However, the comparison between sanctions used during this state, and sanctions that it is possible to impose during the extraordinary state of natural disaster shows that the former are more severe than the latter. This observation leads to the conclusion that the sanctions of the state of epidemic are in breach of one of the basic rules that govern the limitation of constitutional rights and freedoms in the Polish Constitution, i.e. the proportionality rule.

INTRODUCTION

Shortly after the first appearance of SARS-CoV-2 coronavirus in Europe, Polish authorities undertook measures aimed at preventing the spread of the epidemic and minimising its negative impact. Among other things, a set of new legal provisions were adopted that have since been regulating the functioning of State institutions and various areas of social life. In many cases these regulations have a serious impact on everyday life, limiting the way in which even basic affairs, such as working, shopping, or simply moving from one area to another, can be performed. There is no doubt that these restrictions were introduced with good intentions in mind. Their main goal is to protect the public against the risk of contracting a dangerous and deadly virus. The practical realisation of this goal, however, did not avoid shortcomings, including serious ones that raise the question of their constitutionality.

One of the issues concerns legal sanctions that can be imposed on those individuals who violate new epidemic restrictions. Parliament chose the financial administrative responsibility in the form of administrative fines issued by the health inspectors. In this contribution, we will take a closer look at these fines by situating them within a broader, constitutional framework. In our opinion, their introduction for violation of epidemic restrictions does not meet the constitutional requirements of proportional limitation of rights and freedoms.