The emergency, human rights and COVID-19 in Poland

When referring to the COVID-19, Poland may be easily misleading from the comparative perspective. The Constitution had not been amended. The parliament proceeded regularly on (partially) online sessions. The judiciary was attacked and captured by the government before the pandemic started. This paper is doctrinal and interpretive. It unpacks details of the emergency in Poland to sketch how the COVID-19 boosted the rule of law crisis. I will discuss the scope of human rights limitations and compare them with the limitations during the state of emergency in 2021. The conclusion is that the government cynically started to act like Caesar's wife. It would like not to be suspected of any illiberal aspirations so much that it did not want to use the constitutional power to declare a state of emergency when it was necessary. At the same time, the government unconstitutionally introduced human rights limitations due to the pandemic and introduced the state of emergency when it was unnecessary.