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.) A state of epidemic has been introduced in Poland since March 20, 2020, 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: pinkarrangement, which introduced a number of restrictions in connection with the COVID-19 pandemic. This is another legal act of this type that has been issued by the government in recent months to limit the transmission of the virus.
Pursuant to the amendment pinkorder of November 6 2020, from Saturday, November 7, 2020, the existing restrictions were tightened and new ones were introduced.
Current and planned restrictions concern both the social life and economic freedom of Poles.
WITHbans and restrictions in social life
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.
Social distancing
Pursuant to § 24 section 1 rozarrangements, Until further notice, when moving in public spaces, you should keep a distance of not less than 1.5 m from each other.
The obligation to maintain distance does not apply to persons:
- 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, means of public transport and motor vehicles designed to transport more than 9 people, including the driver, at the same time may transport no more people than 50% of the number of seats or 30% of the number of all sitting and standing places, while remaining in the means of transport or the vehicle has at least 50% unoccupied seats.
Restrictions on the number of passengers do not apply to means of special transport intended for the transport of disabled persons.
Shops
From November 7 to November 29, 2020 in facilities with commercial or service space above 2,000 m2 commercial activity is restricted.
Service points, stores selling food, cosmetics, toiletries and cleaning products, medical and pharmaceutical products, renovation and construction products, pet supplies and newspapers remain open.
Clothing, electronics and furniture stores will remain closed until November 29, 2020.
From November 7, until further notice, there is a limit on people in open facilities and commercial establishments, at the market or post office. No more than:
- 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
Hours for seniors
Pursuant to § 7a rozarrangements, until further notice, commercial or service facilities whose main activities include, among others: selling food, toiletries, cleaning products, medicinal products, providing postal services - from Monday to Friday from 10.00 a.m. to 12.00 p.m. only serves people over 60 years of age.
Hours for seniors do not apply in the following cases: when the medicinal product, medical device or food for particular nutritional uses is issued in a situation where life or health is at risk; wholesale trade; commercial establishments operating in schools or educational institutions.
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.
Obligation for minors to stay at home
Pursuant to § 24 section 2b rozarrangements, Until further notice, minors up to 16 years of age, from Monday to Friday from 8:00 a.m. to 4:00 p.m., may move only under the care of a person exercising parental authority, a legal guardian or another adult.
An exception to the ban is movement to get to a school or educational institution or to return from it to the place of residence.
Remote teaching
From November 9 to November 29, students of grades 1-3 of primary school will switch to distance learning. Students in grades 4-8 of primary schools, as well as all grades of secondary schools, students of continuing education institutions and vocational training centers, continue remote learning until further notice.
Kindergartens remain open.
Restrictions on organizing gatherings and family events
Pursuant to § 28 rozarrangements, Until further notice, a maximum of 5 participants may participate in public meetings. People participating in gatherings must cover their nose and mouth and keep a distance of 1.5 meters from other people. Moreover, the distance between gatherings cannot be less than 100 m.
With the exception of events and meetings organized at home, which may be attended by up to 20 people, organizing other meetings and events is prohibited.
Activity offices
Until December 4, 2020, in accordance with § 24a of the regulation, offices are switching to remote work.
Only employees performing tasks necessary to provide assistance to citizens or other tasks necessary due to legal provisions or the needs of an office or unit may be designated for stationary service, if it is not possible to perform them as part of remote work.
The permissible number of customers staying in one room at the same time cannot exceed 1 person per service station, excluding persons performing customer service tasks.
Courts and prosecutor's offices operate unchanged - in stationary mode.
Church activities
From November 7, there is a new limit on people who can participate in religious ceremonies.
In buildings and other religious facilities there may be (apart from persons performing religious worship or persons performing burial, or persons employed by a company or funeral home 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.
Travels
Pursuant to § 1 section 1. rozarrangements, Until further notice, the movement of passengers in rail transport crossing the border of the Republic of Poland with countries outside the European Union is suspended. This means that all railway connections with Ukraine, Belarus or Russia have been suspended until further notice.
Moreover, from October 28, 2020, there is a ban on landing in Poland for civil aircraft operating international flights from airports located in 34 countries. These include, among others: United States, Morocco, United Arab Emirates or Israel.
The ban does not apply to flights chartered before October 28, 2020.
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.
Prohibitions and restrictions on running a business
- Discos, gyms, solariums
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.
Catering industry
Pursuant to § 6 section 9 rozarrangements Until further notice, running a business in the catering industry (included in the Polish Classification of Activities in subclass 56.10.A and subclass 56.30) is permitted only in the case of takeaway or delivery orders.
Pursuant to the regulation, customers are prohibited from eating meals in the premises.
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
In order to use hotel services, you must present an appropriate document confirming the purpose of your stay - a certificate from the employer, the Polish sports association or an entity providing medical services.
Guests who do not belong to the above groups and who booked their stay before November 7, 2020 can complete the reservation, but check-out must take place no later than November 10, 2020.
In thought regulation discos, saunas, baths, solariums and massage parlors that do not offer therapeutic massages will remain closed in hotels. Guests will still be able to use swimming pools, gyms, fitness clubs and hotel water parks.
Pursuant to § 6 section 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.
Hairdressing, beauty and tattoo salon industries
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.
Sports, entertainment and recreation industry
Pursuant to § 6 section 7 rozarrangements, conducting activities related to sports, entertainment and recreation (included in the Polish Classification of Activities in section 93.0) - including: escape rooms, sports halls - is permitted provided that it is limited to no more than 150 participants.
Pursuant to § 6 section 13 rozarrangements, events related to sports competition, sports activities and sporting events take place without the participation of the audience.
Until November 29, 2020, it is prohibited to organize and conduct sports events or sports competitions involving running, sports walking or cycling.
Pursuant to § 6 section 16 rozarrangements Until further notice, activities related to the operation of amusement parks, amusement parks and recreational parks are prohibited.
Culture
From November 7 to November 29, 2020, it is prohibited to conduct any creative activity related to any collective forms of culture and entertainment (included in the Polish Classification of Activities in section 90.0) and activities related to the screening of films or video recordings in cinemas, outdoors or in other places and the activities of film clubs (included in the Polish Classification of Activities in subclass 59.14.Z).
It is permissible to implement:
- activities necessary to prepare artistic events - e.g. rehearsals and exercises
- phonographic and audiovisual recordings;
- events transmitted by means of direct distance communication.
– without audience participation.
From November 7 to 29, 2020, the following cinemas, theaters, museums, art galleries, cultural centers and opera houses will remain closed.
It will also not be possible to borrow books from libraries in stationary form.
Congress and trade fair industry
Pursuant to § 6 section 15 regulation Until further notice, it is prohibited to conduct activities related to the organization, promotion or management of events, such as fairs, exhibitions, congresses, conferences, and traditional meetings.
The regulation allows the organization of this type of events only online.
Compliance of restrictions with the Constitution
It should be noted that the legal nature introduced by rozarrangements restrictions, as well as restrictions introduced in the past under other implementing acts, raises great doubts in the legal community.
Pursuant to Art. 31 section 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.)
The Commissioner for Human Rights in a statement published on his website on On March 27, 2020, he referred to the restrictions introduced at the beginning of the pandemic: including: a ban on movement, mandatory quarantine - including quarantine for those returning to the country - as well as limiting religious practices by specifying the maximum number of believers in temples.
The Ombudsman pointed out that the authorities, without a statutory basis, limited three important freedoms of citizens - 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 respect were introduced under the regulations of the Minister of Health, while pursuant to Art. 31 section 3 Constitution the formal condition for the admissibility of limiting the freedoms and rights of humans and citizens is that they are written down in an act. The Commissioner for Human Rights emphasized that the regulation should contain only technical provisions that are not of fundamental importance from the point of view of individual rights and freedoms.
On On June 4, 2020, in correspondence addressed to the Prime Minister, the Ombudsman provided an analysis of the law introduced in connection with the COVID-19 epidemic. The Commissioner for Human Rights pointed out that although most of the prohibitions, orders and restrictions introduced were substantively justified, the legal form of their introduction - by way of a regulation, instead of by way of an act pursuant to Art. 31 section 3 Constitution – violated citizens' rights during the epidemic.
The Ombudsman also emphasized that a significant part of the penalties imposed by the Sanitary Inspectorate for non-compliance with the restrictions introduced by regulations is therefore imposed in violation of fundamental constitutional rights and freedoms. The Ombudsman showed that the Council of Ministers consciously decided not to introduce a state of natural disaster, which is why those in power cannot invoke extraordinary circumstances and use them to justify far-reaching restrictions on civil liberties introduced by regulations.