EN
Terrorist attacks are presently one of the most serious threats to human life and security, both for states and individuals. The protection of these assets is one of the most important obligations of the state. Increasingly, this comes at the expense of other goods, such as the protection of freedoms and human rights. This article reflects on the threat of human rights derogation in the context of counter-terrorism regulations currently in force in Poland. International treaties safeguarding the protection of fundamental freedoms and human rights, on a global and regional scale, contain clauses allowing their temporary derogation due to any danger threatening “the life of the nation”. According to these clauses, derogation may be used in emergency situations, when there is clear and present danger for society as a whole and for the functioning of democratic institutions. Terrorist events as defined in the Polish Counter-Terrorism Act, are not qualified as such. Derogation is permissible when certain conditions are met and for a limited period of time, both of which are not clearly defined in the relevant provisions of the Act. As a consequence, the content of a number of these provisions is arguably violating the guarantees prescribed in international treaties.