Konsekwencje braku legalności stanu wyjątkowego dla orzekania kar za wykroczenia i nakładania mandatów za naruszenia rygorów tego stanu (na przykładzie zakazu przebywania na obszarze stanu wyjątkowego)

Abstrakt

The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of consequences of the lack of legality of the state of emergency for the adjudication of petite offences and the imposition of fines for violations of the rigors of the state of emergency. The legal framework for the state of emergency is detailed in the Law of June 21, 2002 on the State of Emergency. Article 2(1) of the same law specifies that in a situation of particular threat to the constitutional system of the state, security of citizens or public order, including that caused by acts of a terrorist nature or acts in cyberspace, which cannot be removed through the use of ordinary constitutional means, the Council of Ministers may adopt a resolution to send a request to the President of the Republic for the imposition of a state of emergency. In the area where a state of emergency has been imposed, restrictions on human and civil liberties and rights are imposed on all individuals residing or staying there even temporarily. Of the listed restrictions, the most interesting one for the perception of rights and freedoms is “the prohibition of staying at designated places, facilities and areas located in the area covered by the state of emergency during the specified time.” Analyzing the content of the Council of Ministers Ordinance with regard to the prohibition on staying in the state of emergency zone, one cannot help but notice that the scope of the prohibition under the Council of Ministers Ordinance is much broader than that established by the Presidential Decree.