Ograniczenia ochrony dóbr osobistych w warunkach stanów nadzwyczajnych wprowadzanych na terytorium Rzeczypospolitej Polskiej

Abstract

In the study, scientific and research analysis covers the so far not discussed in the doctrine issue on the border of public and private law. The considerations are aimed at answering the question of whether it is possible to establish restrictions on the protection of personal rights in conditions of extraordinary measures introduced on the territory of the Republic of Poland. The provisions regulating states of emergency, contained both in the Constitution of the Republic of Poland and in ordinary statutes, do not refer directly to personal rights, but use the category of human and civil rights and freedoms. This does not mean, however, that during states of emergency it is not possible to interfere with the sphere of personal rights of the subjects of civil law. It should be noted that the legal constructions of personal rights as well as human and civil rights and freedoms are closely related. In the case of both of these groups of rights, the subject of their protection are the inherent values of a human being. Against this background, a thesis can be formulated that the restrictions on the protection of personal rights may be established indirectly for the duration of extraordinary measures – by restricting human and civil rights and freedoms. The article discusses the conditions that must be met for a restriction of the constitutional rights and freedoms to constitute an interference with a personal right at the same time. Subsequently, the provisions of the acts regulating individual states of emergency were analyzed in terms of which of the constitutional restrictions on rights and freedoms contained in them constitute the authorization to interfere in the sphere of personal rights. The study also indicates the consequences of introducing the discussed restrictions under civil law.