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EN
The article discusses selected principles of the state of emergency rules in the Constitution of the Republic of Poland ratified on the 2nd of April 1997. It focuses on three matters: 1) limitations of freedoms and rights of persons and citizens; 2) rules regarding prolonging of the term of office of the Sejm, Senat, the local government institutions and the President’s term and 3) compensating for the loss of property resulting from limitation of the freedoms and rights of persons and citizens during a state of emergency. The article makes an original contribution to knowledge by asking questions related to the matters above that have not been posed before, critically evaluates the existing literature and offers suggestions for new avenues for research in the future.
EN
This article concerns terrorism and Polish state of emergency regulations. The goal of the article is to examine the definition of terrorism threats in the Polish Constitution ratified April 2, 1997 and in the Act dated 18 April 2002 on the State of Natural Disaster, Act dated 21 June 2002 on the State of Exception and Act dated 29 August 2002 on Martial Law. The entirety focuses on the foundations for declaration the above states of emergency. In addition to those states of emergency, it references emergency measures. The article analyzes whether terrorist activities comply with the foundations for invoking and the utility of emergency measures in combating terrorist threats.
EN
The article concerns the distinctiveness of martial law. The article includes two issues: 1) foundations for declaration of the martial law (defining the circumstances in which a given state of emergency may be declared) and their comparison with the state of exception; 2) emergency measures (concerning any and all changes resulting from the declaration of each type of state of emergency), which concern the powers of the Armed Forces of the Republic of Poland in the martial law and their relationships with civil authorities. Analysis of both issues confirms the following hypothesis: it is not the nature of the threat determines the distinctiveness of martial law, but the content of the powers held by the armed forces.
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