„BEZPIECZEŃSTWO OBYWATELI” W ART. 5 KONSTYTUCJI RP. O KONSTYTUCYJNYCH UWARUNKOWANIACH ELIMINACJI PAPIEROSÓW TRADYCYJNYCH

Abstract

The aim of this study is to describe the conditions of citizens’ safety in relation to the elimination of economic availability of traditional cigarettes as harmful products. One of the tasks of the state is to ensure the “security of citizens”. Therefore, the most important aim of this text is to show the content relationship between “the elimination of traditional cigarettes” and the concept of “citizens’ safety”, as laid down in Art. 5 of the Constitution of the Republic of Poland. In the area of the program norms (program standards), special emphasis should be put on the category of “means to achieve” systemic aims. Thus, the excise duty imposed on certain tobacco products can be considered in this context as such a measure. It should be emphasized that objective circumstances, such as harmfulness of traditional cigarettes in the context of the state’s care for the safety of citizens, as well as the availability of less harmful alternatives to traditional cigarettes (such as “heat‐notburn tobacco product”), should affect the final shape of the law in this matter.