Accommodation through regulations – limitation of constitutional freedoms in Poland during the Covid-19 pandemic and its impact on Polish constitutional identity

“Legislative accommodation” makes it possible to establish extraordinary limitations on freedoms and rights that formally have the “normal” democratic legitimacy, since the state of emergency has not been introduced and the “normal” constitutional means of legislative regulation have been employed. However, it would appear that the Polish case is not so much about legislative accommodation as it is about “accommodation through regulations”. In the cases discussed, the statutory basis for restrictions does not meet the conditions for a detailed and substantive settlement of the regulated issue. General and imprecise statutory norms are clarified in regulations, which should serve as strictly implementing acts. This may lead to the conclusion that there has been a certain disruption in the development of the Polish constitutional identity.