http://hdl.handle.net/11320/13488 Mon, 01 Jun 2026 13:07:38 GMT 2026-06-01T13:07:38Z http://hdl.handle.net/11320/13506 Tytuł: Ograniczenia wolności zgromadzeń i stowarzyszania się w Słowenii w dobie pandemii COVID-19 Autorzy: Kużelewska, Elżbieta; Podolak, Małgorzata Abstrakt: Slovenia is one of the European Union Member States which disproportionately restricted political rights during the COVID-19 pandemic. Since the new government of Prime Minister Janez Janša came to power in March 2020, the anti-government and anti-lockdown protests have been taking place across the country. The pandemic-related restrictions have been introduced by government’s ordinances. They have greatly limited political rights of citizens, in particular the right to public assembly and association. Citizens’ dissatisfaction with the government’s policies and inadequate handling of the epidemic, resulting in undue restrictions on liberty and other fundamental rights, led to the filing of petitions to the Constitutional Court. The Constitutional Court, resolving the dispute between citizens and the government, ruled that government regulations implementing restrictions on fundamental rights, particularly the rights to public assembly and association, were unconstitutional in several cases. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13506 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13505 Tytuł: Qualification of Freedom of Religious Assembly in the Period of Ordinary Functioning of the State and in the Legislation from the Time of COVID-19 Pandemic in Poland Autorzy: Ożóg, Michał Abstrakt: The subject of this article is to present the legal qualification of the freedom of religious assembly in the period of ordinary functioning of the state and in the content of regulations from the period of the COVID-19 pandemic in Poland. The analysis is concerned with determining how the legislator treats this freedom from the point of view of links between freedom of assembly and freedom of thought, conscience and religion. The function of freedom of religious assembly is presented, as well as the legal model of religious freedom assembly in the conditions of ordinary state action, as well as on the ground of legal regimes possible to introduce in connection with counteracting the occurrence and effects of an infectious disease. In the research the dogmatic method was applied. Amendments to the Law on Assemblies and special law regulations have been proposed to take into account constitutional principles and values, as well as ongoing social changes. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13505 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13504 Tytuł: Exercise of the Right to Defence in Criminal Proceedings during the COVID-19 Pandemic with Particular Reference to the Relation Between the Accused and the Defence Counsel Autorzy: Olszewski, Radosław; Małolepszy, Amadeusz Abstrakt: The aim of this article is to present the legal solutions adopted in criminal proceedings during the COVID-19 pandemic and their impact on the implementation of the right to defence, focusing, in particular, on the relation between the accused and the defence counsel. During the pandemic, online trials and hearings became widespread and communication with the courts via email developed. Issues of confidentiality between the accused and his/her defence counsel, as well as access of the defence counsel to files, were analysed, particularly in cases related to pretrial detention. The new solutions have been evaluated, possibilities of their use after the end of the pandemic have been indicated and postulates as to the desired directions of changes have been formulated. The issues addressed are relevant today and extremely important in the sphere of public law, as criminal liability is proved during criminal proceedings. In general, it should be assessed positively that the COVID-19 pandemic has become an opportunity to introduce new legal solutions for the modernisation of criminal proceedings. However, some of these regulations do not fully meet the objectives set for them, hindering, through the adoption of specific solutions and practices, the proper implementation of certain key procedural principles, primarily the right to defence. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13504 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13503 Tytuł: Limiting the Right of Access to Public Information in the Age of COVID-19 – Case Study of Poland Autorzy: Jabłoński, Mariusz; Kuźnicka-Błaszkowska, Dominika Abstrakt: The right of access to public information is one of the most fundamental political rights granted to citizens under Art. 61 of the Polish Constitution. In the Act of 6 September 2001, not only was the procedure for providing the public information specified, but also some detailed rules on obliged entities. In practice, the right to access public information not only enables citizens to take mature political decisions, but also prevents the abuse, corruption, nepotism or waste of public funds. The transparency of public administration actions forces its representatives to behave by the book and to respect the rules governing a democratic state of law as well as human rights. Undoubtedly, the full implementation of the right of access to public information may not be possible in urgent and unexpected scenarios such as a state of emergency or martial law, but any restrictions should always be introduced in a proportionate manner and only to the extent necessary to protect other (more important) goods and values. The epidemic threat facing Poland in March 2020, followed by the state of the epidemic and the accompanying activities of the broadly understood legislator, have significantly impacted the implementation of the openness principle and the right to access public information in the country. Simultaneously, doubts were raised not only due to the scope and nature of these changes, but also because of their constitutionality. In order to obtain a full picture of these threats to the implementation of the law in question, one must take into account possible decisions of the Constitutional Tribunal (with positive or negative effects) in cases that will be ruled on soon. The analysis that we present is aimed not only at determining whether the functioning of the state in the epidemic regime justified the need to limit the constitutional right of access to public information, but also – in a broader systemic context – at demonstrating that the transparency standards existing in our national model need to be strengthened, not weakened. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13503 2022-01-01T00:00:00Z