Key legal restrictions related to the COVID 19 pandemic
For nearly 9 months, Poland has been facing a pandemic of infections with the SARS-CoV-2 pathogen, causing an acute infectious respiratory disease - COVID-19. Due to the current epidemiological situation, based on regulation Minister of Health from day 20 March 2020 in regarding the declaration of an epidemic in the territory of the Republic of Poland (i.e OJ 2020 item 491 as of late d.) On the territory of Poland, as of 20 March 2020, an epidemic state has been introduced, which remains in force until further notice. The legal act regulating the prevention of infectious diseases is Act z on December 5 2008 on preventing and combating infections and infectious diseases at people (i.e. Journal of Laws of 2020, item 1845 as of late d.) - next: at. With. With. With. Based on Article. 46a and art. 46b points 1-6 and 8-12 at. With. With. With. has been released regulationsand Council of Ministers of October 9, 2020 on the establishment of certain restrictions, orders and prohibitions in connection with the occurrence of an epidemic (Journal of Laws 2020, item 1758, z late died) - next: pinkarrangementwhich introduced a range of restrictions in connection with the COVID-19 pandemic. This is another legal act of this type, issued by the government in recent months to limit the transmission of the virus. By virtue of the amendment pinkorder of November 6 As of Saturday, 7 November 2020, previous restrictions have been tightened and new ones introduced. The current and planned restrictions concern both the social life and economic freedom of Poles.
WITHobstacles and limitations in social life.
1. Obligation to cover the mouth and nose
Pursuant to § 27 paragraph 1 yearozarrangements, Until further notice, it is obligatory to cover, with clothing or parts thereof, a mask, mask, visor or protective helmet in public spaces. The obligation to cover the mouth and nose does not apply to, among others: a child up to 5 years of age, a person who cannot cover his or her mouth or nose for medical reasons (in the event of an inspection, a doctor's certificate must be presented), people staying in forests, parks, allotments, or priests during religious worship.
2. Social distancing
Pursuant to § 24 section 1 rozarrangements, When moving in public spaces, a distance of no less than 1.5 m must be maintained from others. The obligation to maintain distance does not apply to:
- taking care of a child up to 13 years of age,
- caring for a person with a disability certificate, a person with a disability certificate, a person with a certificate confirming the need for special education or a person who cannot move independently due to their health condition,
- people living or farming together, as well as people who are obliged to cover their mouth and nose.
- Public transport
Pursuant to § 24 section 2 rozarrangements, Until further notice, public transport and motor vehicles designed to carry more than 9 people, including the driver, may not carry more passengers than 50% of the total number of seats or 30% of the total number of seated and standing, whilst ensuring that at least 50% unoccupied seats remain available within the means of transport or vehicle. These passenger number restrictions do not apply to special means of transport intended for the carriage of people with disabilities. Shops From November 7 to November 29, 2020 in facilities with commercial or service space above 2,000 m2 There is a temporary restriction on commercial activity. Service points, shops selling groceries, cosmetics, toiletries, cleaning supplies, medical and pharmaceutical products, DIY and construction materials, pet supplies, and newspapers will remain open. Clothing, electronics, and furniture stores will be closed until 29 November 2020. From 7 November until further notice, there is a limit on the number of people in open commercial facilities and establishments, at markets, or post offices. No more than the following may be present simultaneously:
- 1 person per 10 m2 - in the case of facilities and establishments with an area intended for sale or provision of services not exceeding 100 m2
- 1 person per 15 m2 – in the case of facilities and outlets with an area intended for sale or provision of services larger than 100 m22
Senior hours In accordance with § 7a rozarrangements, Businesses or service providers whose predominant activity involves, among other things, the sale of food, toiletries, cleaning products, medicinal products, and the provision of postal services, shall serve only individuals over 60 years of age from Monday to Friday between 10:00 and 12:00. The senior hours do not apply in the following cases: when the release of a medicinal product, a medical device, or a foodstuff for special dietary purposes occurs in a situation of life or health endangerment; wholesale trade; retail outlets operating in schools or educational institutions.
4. Obligation for seniors to stay at home Pursuant to § 24 section 2a rozarrangements, Until further notice, persons over 70 years of age may move only for the purpose of:
- performing professional or official activities;
- meeting the necessary needs related to current matters of everyday life;
- performing or participating in the exercise of religious worship, including religious activities or ceremonies.
5. Obligation for Minors to Remain at Home
Pursuant to § 24 section 2b rozarrangements, In reference to minors under the age of 16, from Monday to Friday between 8:00 AM and 4:00 PM, they may only travel under the supervision of a person exercising parental authority, a legal guardian, or another adult. An exception to this prohibition is travel for the purpose of reaching a school or educational institution, or returning from them to their place of residence.
6. Remote teaching
From 9 November to 29 November, pupils in years 1-3 of primary school will switch to remote learning. Pupils in years 4-8 of primary school, as well as all year groups in secondary schools, students of lifelong learning institutions and vocational training centres will continue to learn remotely until further notice. Kindergartens will remain open.
7. Restrictions on organising gatherings and family events
Pursuant to § 28 rozarrangements, A maximum of 5 participants may attend appeals in public gatherings. Those taking part in gatherings must cover their nose and mouth and maintain a distance of 1.5 metres from other people. In addition, the distance between gatherings must not be less than 100 metres. With the exception of events and meetings organised at home, which may be attended by up to 20 people, the organisation of other meetings and events is prohibited.
8. Activity offices
Until 4 December 2020, in accordance with § 24a of the regulation, offices will switch to remote working. Only employees performing tasks essential for providing assistance to citizens or other tasks necessary due to legal provisions or the office's or unit's needs, if they cannot be performed remotely, may be designated for on-site service. The permissible number of clients present in a single room at the same time cannot exceed 1 person per service point, excluding persons performing client service tasks. Courts and the prosecutor's office will function as usual – on-site.
9. Activities of churches
From 7 November, there is a new limit on the number of people who can participate in religious ceremonies. In buildings and other places of worship, there may be (in addition to persons conducting religious worship or persons carrying out a burial, or persons employed by a funeral home or parlour in the case of a funeral), while maintaining a distance of not less than 1.5 m:
- no more than 1 person per 15 m2 area – until November 29, 2020
- no more than 1 person per 7 m2 of area - from November 30, 2020
Participants in religious events are obliged to cover their mouth and nose.
10. Travel Pursuant to § 1 section 1. rozarrangements, Until further notice, passenger movement on rail transport services crossing the border of the Republic of Poland with countries outside the European Union is suspended. This means that all rail connections running on routes to Ukraine, Belarus, or Russia have been suspended until further notice. Furthermore, from 28 October 2020, a ban on landing in Poland for civil aircraft performing international flights from airports located in 34 countries has been in force. These include, among others, the United States, Morocco, the United Arab Emirates, and Israel. The ban does not apply to flights chartered before 28 October 2020.
11. Sanatoriums and rehabilitation Pursuant to § 7b rozarrangements until further notice it is discontinued:
- providing spa treatment services,
- providing health care services in the field of therapeutic rehabilitation, including rehabilitation within the framework of:
- rehabilitation stay,
- therapeutic and preventive stays in medical entities supervised by the Minister of National Defense
- therapeutic and preventive stays in medical entities established by the minister responsible for internal affairs, where stationary and 24-hour health care services in the field of spa treatment or spa rehabilitation are provided
- readaptation and fitness stays
The exception are cases in which cessation of rehabilitation may result in a serious deterioration of the patient's health.
12. Prohibitions and restrictions on running a business
a) Gyms, discos, nightclubs
Pursuant to § 6 section 1 rozarrangements Until further notice, a driving ban has been introduced:
- discos and nightclubs or activities that consist in providing a place for dancing organized indoors or in other closed places, excluding sports dance clubs;
- swimming pools, aqua parks, gyms, clubs and fitness centers, excluding swimming pools, gyms, clubs and fitness centers:
- operating in entities performing medical activities intended for patients,
- intended for people practicing sports as part of sports competitions, sports activities or sporting events, as well as students and pupils - as part of classes at universities or schools;
- service activities related to improving physical condition (included in the Polish Classification of Activities in subclass 96.04.Z) - i.e., among others service activities of Turkish baths, saunas and steam baths, solariums, slimming salons, massage salons that aim to improve well-being.
b) The catering industry
Pursuant to § 6 section 9 rozarrangements Appeals regarding conducting business in the catering industry (classified under Polish Classification of Activities in subclass 56.10.A and subclass 56.30) are permissible only in the case of takeaway or delivery orders. In accordance with the regulation, customers consuming meals on the premises is prohibited.
c) The hotel industry
Pursuant to § 6 section 2 regulation from November 7 to November 29, 2020, the provision of hotel services in the sense of short-term, generally available rental of houses, apartments, rooms, beds, as well as places to set up tents or car trailers is permitted only for:
- using these services as part of a business trip
- who are players using these services during training camps and sports competitions
- people practicing medical profession
- patients and their caregivers, if the need to provide them with accommodation results from the conditions specified for a given healthcare provision
To use hotel services, please present a relevant document confirming the purpose of your stay – a certificate from an employer, a Polish sports association, or a healthcare provider. Guests who do not fall into the above categories and who booked their stay before 7 November 2020 may check in, but check-out must take place no later than 10 November 2020. In accordance with regulation In hotels, discotheques, saunas, baths, solariums and massage parlours that do not offer therapeutic massages will remain closed. Guests will still be able to use hotel swimming pools, gyms, fitness clubs and aquaparks. In accordance with § 6 sec. 2b rozarrangements, z catering services offered by entities providing hotel services, including: Only hotel guests staying at least one night will be able to use the hotel restaurants. Importantly, in order to continue providing catering services in hotels, entrepreneurs must ensure that guests occupy every second table and the distance between tables is at least 1.5 m. Moreover, the staff - during work - and the guest - until they are seated - they must absolutely comply with the obligation to cover their mouth and nose.
d) The hairdressing, beauty and tattoo parlour industry
Pursuant to § 6 section 3 rozarrangements, conducting activities related to hairdressing and other beauty treatments (included in the Polish Classification of Activities in subclass 96.02.Z) and related to the activities of tattoo and piercing salons (included in the Polish Classification of Activities in subclass 96.09.Z) is permitted provided that in the place , where this activity is conducted, only staff and serviced clients were present, and if the client requires care, also his/her guardian, and:
- in the place where this activity is conducted, there may be no more than 1 person per 1 service position, with the exception of service staff;
- service stations must be at a distance of at least 1.5 m from each other, unless there is a partition between these stations that is at least 1 m high from the surface of the service station or whose upper edge ends at least 2 m from the floor surface.
e) Sport, entertainment and leisure industry
Pursuant to § 6 section 7 rozarrangements, The conduct of sports, entertainment and recreational activities (as classified in the Polish Classification of Activities under section 93.0) – including escape rooms, sports halls – is permitted, provided that it is carried out with a limit of no more than 150 participants. Pursuant to § 6 para. 13 rozarrangements, Events related to sports competition, sports activities and sports events are held without spectators. Until 29 November 2020, organising and conducting sports events or sports competitions involving running, race walking or cycling is prohibited. Pursuant to § 6 para 16 rozarrangements Until further notice, activities related to the operation of amusement parks, amusement parks and recreational parks are prohibited. Culture From 7 November to 29 November 2020, all creative activities related to all forms of collective culture and entertainment (classified under Polish Classification of Activities, section 90.0) and activities related to the screening of films or video recordings in cinemas, outdoors or in other venues, and film club activities (classified under Polish Classification of Activities, sub-class 59.14.Z) are prohibited. The following are permitted:
- activities necessary to prepare artistic events - e.g. rehearsals and exercises
- phonographic and audiovisual recordings;
- events transmitted by means of direct distance communication.
– without public attendance. From 7 – 29 November 2020, the cinema, theatre, museum, art gallery, cultural centre and opera house will remain closed. It will also not be possible to borrow books from libraries in person.
f) Congress and trade fair industry
Pursuant to § 6 section 15 regulation In appeals, it is forbidden to conduct activities related to the organisation, promotion, or management of events such as trade fairs, exhibitions, congresses, conferences, and traditional meetings. The regulation permits the organisation of these types of events exclusively online.
13. Compliance of restrictions with the Constitution
It should be noted that the legal nature introduced by rozarrangements concerns as well as restrictions introduced in the past under other implementing acts, raises considerable doubts in the legal community. Pursuant to Article 31(3) Constitution of the Republic of Poland of April 2, 1997 (Journal of Laws No. 78, item 483, as amended) - next: Constitution, restrictions on the exercise of constitutional freedoms and rights may be established only by statute and only when they are necessary in a democratic state for its security or public order, or for the protection of the environment, public health and morals, or the freedoms and rights of other persons. Moreover, these restrictions must not violate the essence of freedoms and rights. From the principle of limitation of constitutional freedoms and rights expressed in Art. 33 Constitution has a direct relationship expressed in Art. 22 Constitution the principle of limiting the freedom of economic activity due to important public interest only on the basis of an act. The Constitutional Tribunal also expressed the view in the judgment with reference number Kp 1/09 that the legislator cannot delegate important matters related to the restriction of freedom of economic activity to be regulated by regulation.
The Constitution therefore introduces the principle of exclusivity of the law when limiting constitutional rights. According to this principle, all significant issues related to the limitation of rights should be resolved by statute. (see P. Tuleja [in:] P. Czarny, M. Florczak-Wątor, B. Naleziński, P. Radziewicz, P. Tuleja, Constitution of the Republic of Poland. Comment, Warsaw 2019, art. 31.) In a statement published on its website on 27 March 2020, the Commissioner for Human Rights referred to the restrictions introduced at the beginning of the pandemic, including the ban on movement, mandatory quarantine – including quarantine for those returning to the country – as well as the restriction of religious practices by setting a maximum number of worshippers in churches. The Commissioner pointed out that the authorities had restricted three important citizen freedoms without a statutory basis – freedom (Article 30 of the Constitution), freedom of movement within the territory of the Republic of Poland (Article 52 of the Constitution) and freedom of conscience and religion (Article 53 of the Constitution).
Restrictions in this regard were introduced by regulations of the Minister of Health, whereas according to Art. 31 sec. 3 Constitution A formal condition for limiting human rights and freedoms is that they must be enshrined in law. The Commissioner for Human Rights (RPO) stressed that regulations should only contain provisions of a technical nature, which are not of fundamental importance from the perspective of individual rights or freedoms. On 4 June 2020, in correspondence addressed to the Prime Minister, the Commissioner for Human Rights provided an analysis of the legislation introduced in connection with the COVID-19 epidemic. The RPO indicated that, although most of the prohibitions, orders, and restrictions introduced were substantively justified, the legal form of their introduction – by way of regulation, rather than by law, contrary to Article 31(3) Constitution – violated citizens' rights during the epidemic. The Commissioner for Human Rights also emphasised that a significant portion of the fines imposed by the sanitary inspectorate for non-compliance with restrictions introduced by regulations is therefore imposed in violation of basic constitutional rights and freedoms. The Commissioner for Human Rights demonstrated that the Council of Ministers consciously renounced the introduction of a state of natural disaster, and therefore the authorities cannot invoke extraordinary circumstances and use them to justify far-reaching restrictions on civil liberties introduced by regulations.