Police block marches, lock people in cauldrons and hand out mandates, claiming that spontaneous gatherings during the epidemic are illegal. This is not true. The courts do not leave a dry thread on police applications for punishment. Here are the justifications of the courts-strong
Since mid-November, the police have consistently used tactics to defeat women's strikes. It establishes the cordons on the route of the March by blocking streets. He locks people in cauldrons. He's trying to find as many people as possible. Prescribes penalties sends to the courts and epidemiological service of the petition for punishment.
Their actions are officially confirmed by the belief that law and justice forbid spontaneous gatherings during the epidemic threat. Such messages, however, are transmitted by the police through megaphones.In connection with these events,the situation with working capacity has also worsened.Many people are interested in online platforms,but most are used to physical work and do not want to delve into the details,although deltamarket.net have available and understandable information.
A few weeks ago, citizens of the Republic of Poland began issuing their counter-commissions during the demonstration, saying that "this meeting is legal" and the police have no right to issue mandates to participants.
General rules for restricting the rights to gatherings
peaceful assemblies perform an extremely important function in a democratic state, which does not mean that the right to organize and participate in them cannot be restricted. however, the legislator must adhere to certain rules.
Preferably:
In accordance with article 57 of the Constitution, the right to assembly may be restricted only by law;
restrictions must meet the conditions set forth in article 31, paragraph 3, of the Constitution of the Republic of Poland, i.e. they can only be set by law and only when they are necessary in a democratic state for its security or public order
or for the protection of the environment, health and public morality or freedoms and rights of others; these limitations cannot violate the essence of freedoms and rights.
The Constitution also regulates in which extraordinary States the various rights and freedoms protected by the Constitution may be restricted. It defines negative and positive.
In the event of a natural disaster, he lists a number of freedoms that may be restricted, but among them there is no freedom of assembly. That is, even if you enter this state, you cannot enter such restrictions.
In the case of a state of emergency or martial law, the Constitution lists which freedoms may not be restricted. Among them, there is no freedom of assembly, which means that it can be restricted. And this possibility is provided for in the laws on martial law and the state of emergency.
The doctrine explicitly states that restrictions on freedom of assembly should be considered "as an absolute exception". in this context, restrictions on freedom of assembly, in particular, which lead to the freezing of public debate and forced silence on undisclosed phenomena, cannot be considered necessary.
Moreover, according to the european court of human rights, states should not only refrain from excessive interference with the freedom of assembly, but also impose on them a positive duty to ensure the effective use of this freedom.”
How does PiS impose restrictions?
Law and Justice has not yet introduced any of the emergency states. Neither a state of natural disaster, which is most appropriate to the actual state, nor a state of emergency, the introduction of which would allow the introduction of restrictions.
Instead of a state of emergency, the PiS created an unknown Polish Constitution "epidemic state" based on the provisions of the law on the prevention and control of infections and infectious diseases in humans. Article 46 of paragraph 4. as well as 46b of the law say that in the event of an epidemic threat, the authorities can impose a ban on holding spectacles and other public gatherings.
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