Forms of the Government Administration’s Impact on the Activities of Local Governments During the COVID-19 Pandemic

P. Ra̧czka, Maciej Serowaniec
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引用次数: 0

Abstract

The primary burden of tackling the pandemic COVID-19 lies with the state as the entity responsible for protecting the health and life of its citizens. Hence, it can be argued that the focus of the pandemic-induced changes to the Polish legal order was on administrative law, which not only sets out the principles of the functioning of the State as the executive power but also governs the relations between the government, local government and citizens, which had to be significantly modified during the pandemic. It would be impossible to analyse and discuss all the emergency measures that appeared in Poland’s administrative law due to the threats posed by the pandemic. The subject matter of the present study is the analysis of the legal solutions adopted in the Republic of Poland in the sphere of public law in connection with the spread of the virus and particular provisions shaping relationships between the two basic structural branches of Polish public administration, viz. the government administration and the local-government administration. The following part of this study will accordingly be devoted to the analysis of the legislative solution contained in Article 11h of the COVID-19 Act, establishing a legal framework for issuing binding instructions to, among others, the various bodies of local governments, local-government legal persons and local-government organisational entities without legal personality.
新冠肺炎大流行期间政府行政部门对地方政府活动的影响形式
应对新冠肺炎大流行的主要负担在于国家作为负责保护公民健康和生命的实体。因此,可以说,新冠疫情引发的波兰法律秩序变化的重点是行政法,该法不仅规定了国家作为行政权力的运作原则,还规定了政府、地方政府和公民之间的关系,而在新冠疫情期间,这些关系必须进行重大修改。由于疫情造成的威胁,不可能分析和讨论波兰行政法中出现的所有紧急措施。本研究的主题是分析波兰共和国在公法领域采取的与病毒传播有关的法律解决方案,以及形成波兰公共行政两个基本结构部门(即政府行政部门和地方政府行政部门)之间关系的具体规定。因此,本研究的以下部分将专门分析《新冠肺炎法案》第11h条所载的立法解决方案,为向地方政府各机构、地方政府法人和无法人资格的地方政府组织实体等发布具有约束力的指示建立法律框架。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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