Delegated Legislation During the Epidemic: Remarks on the Constitutional Shape of the System of Sources of Law in Poland

Abstract

The pandemic revealed problems in the construction of the system of sources of law in Poland, especially in the area of public administration law. It turned out that the model of the system of sources of law established more than 27 years ago, although based on good assumptions, does not take into account the dynamics of phenomena, including possible threats, and is not adequate for the tasks entrusted to the executive. It can, in certain circumstances, limit the capacity of the public administration to act and even render it dysfunctional in the face of threats. As such, it may be seen as an inadequate guarantee for the protection of individual freedoms and constitutional rights. It may also raise questions from the point of view of the realisation of the common good and the objectives of the state. In this context, it is legitimate to consider extending, at the constitutional level, the sources of generally applicable law established by the administration. The purpose of this paper is to examine whether the model of the system of sources of law adopted in 1997, particularly with regard to the relationship between the law and sub-statutory acts, is adequate to the needs of the administration, including the need to respond to sudden, undesirable and dangerous phenomena. An attempt will be made to answer these questions on the basis of legislative experience during the pandemic.