The state of the epidemic in Poland is a time of unprecedented restrictions on our social life and economic freedom. Restrictions such as the number of people at Christmas Eve dinner, wearing masks, and the closure of shopping centres or fitness clubs are causing considerable controversy. The regulations themselves (often introduced by ordinances rather than acts of parliament) are being questioned constitutionally. In the article below, we have gathered the most important restrictions introduced (as of December 2020).

Any restrictions on the exercise of a citizen's constitutional freedoms and rights may only be established by statute, not by regulations. The government, by not introducing a state of natural disaster, exposes itself to the risk of its prohibitions being challenged by courts.

Key legal restrictions related to the COVID-19 pandemic (As of: December 2020)

Prohibitions and restrictions in social life

1. Obligation to cover the mouth and nose
According to the regulation, the obligation to cover the mouth and nose is imposed, among other places: on public transport, in publicly accessible places (streets, cemeteries, stairwells, boulevards), workplaces (when more than 1 person is present), offices, churches, and commercial establishments. This obligation does not apply, for example, to travel in a private car or to young children.

2. Social distancing
When moving in public spaces, maintain a distance of at least 1.5 metres. Exempt from this are parents with children under 13, carers of people with disabilities, and people living together.

Restrictions on gatherings and family events (Christmas Eve and New Year's Eve)

Gatherings of up to 6 people are permitted. All parties and meetings (regardless of their type) are prohibited, with the exception of domestic gatherings such as Christmas Eve or the Holidays. A maximum of 5 guests from outside the organiser's household can be invited to these parties..

Shopping, communication, education and travel

• Shops and shopping centres: Restrictions on activities in facilities over 2000 m². The limit is 1 person per 10 m² (small shops) or 1 person per 15 m² (larger facilities). Customers must wear gloves or disinfect their hands. Additionally, specific hours have been designated for seniors (only individuals aged 60+ are served from 10:00 to 12:00).
• Young people Between 8:00 and 16:00 (Monday to Friday), individuals under the age of 16 could only move around under the supervision of an adult (the ban did not apply when travelling to school). Schooling was remote until the beginning of January, after which it was combined with extended and block winter holidays.
• Transport: Rail links with non-EU countries have been suspended, and air travel for patients with a fever has been halted. Public transport vehicles may only carry passengers up to a limit of 50% or 30% of the total number of seats.
• Other public services: Health resorts and sanatoriums have been closed. Most offices have switched to remote working, with in-person services only for essential matters (civil registry, registration certificates, etc.). In churches, there is a strict rule of 1 person per 15 m².

Prohibitions and restrictions on running a business

Many entrepreneurs have suffered huge losses due to government bans introduced as part of “epidemic safeguards”. The main restrictions concerned:

• Nightclubs, gyms, fitness clubs and markets: A complete ban on activities, including dance venues, aqua parks and most wellness areas. Exhibitions, trade fairs and congresses are only permitted online.
• The hospitality sector (Restaurants and pubs): Activity permitted for takeaway and customer delivery only.
• The hotel industry The rental of rooms has been restricted to a narrow range of categories (e.g., business travellers, athletes in training camps, or medical staff). To use the hotel facilities, a certificate must be presented (e.g., a certificate from an employer).
• Entertainment and Culture Complete closure for cinemas, theatres, opera houses, museums, and art galleries to the public.
• The beauty industry Hairdressers, beauticians, and tattoo studios are operating with considerable restrictions – only customers being served are allowed in salons (one per station, with a minimum distance of 1.5 metres between them).

Compliance of the restrictions introduced during the pandemic with the Constitution of the Republic of Poland

The legal character of these restrictions raises significant doubts among legal professionals. In accordance with Article 31(3) of the Constitution of the Republic of Poland, limitations on the exercise of freedoms and rights of man and citizen can only be established by lawand not by government regulations. Government regulations issued "hastily", introducing an economic lockdown and mandating restrictions on basic forms of life in society (freedom of movement or the right to work), often conflict with superior law.

The Commissioner for Human Rights has repeatedly pointed out in communications to, among others, the Prime Minister, that due to the failure to declare a constitutional “State of Natural Disaster”, issuing regulations imposing gigantic fines (illegally imposed, inter alia, by the Sanitary Inspectorate) exposes the state to mass refunds on the grounds of failure to comply with the statutory procedure for creating restrictions. Although it should be remembered that from a purely human perspective, many of these safeguards are simply for saving our relatives during the catastrophic overload of hospitals, according to the rules of the art Restrictions should be introduced via a full, constitutional path and seriousness in Parliament.