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Article

Title

The Emergency States Guarantee the Functioning of the Country during the COVID-19 Pandemic: The Case of Poland and the Republic of China (Taiwan)

Authors

[ 1 ] Instytut Bezpieczeństwa Państwa, Wydział Bezpieczeństwa Narodowego, Akademia Sztuki Wojennej | [ P ] employee

Scientific discipline (Law 2.0)

[5.3] Safety studies

Year of publication

2020

Published in

European Research Studies Journal

Journal year: 2020 | Journal volume: Volume XXIII | Journal number: Special Issue 3

Article type

scholarly article

Publication language

english

Keywords
PL
  • Bezpieczeństwo publiczne
  • Bezpieczeństwo zdrowotne
  • Choroby zakaźne ludzi
  • COVID-19
  • Epidemie
  • Polska
  • Tajwan
  • Wirus SARS-CoV-2
  • Zarządzanie kryzysowe
EN
  • COVID-19
  • Crisis management
  • Public security
  • Poland
  • Taiwan
Abstract

EN Purpose: The research aims to characterize legal solutions in the field of emergency states - those existing and implemented in Poland and Taiwan. Design/Methodology/Approach: The author discusses emergency states in Poland and Taiwan – characteristics, premises, and procedures for introducing. The existing rules that were introduced during the COVID-19 pandemic will also be presented. During the research, the author uses legal and comparative analysis and structural and functional analysis. However, the interpretation method is also important, which makes it possible to interpret legal acts and a comparative study - in the scope of regulations in force in these countries. The author uses elements of the concept - descriptive and improving functional and modeling, and diagnostic and functional. Findings: The working hypothesis refers to the assumption that the current legal regulations in the field of emergency states are insufficient and disproportionate to the threat of a pandemic COVID-19. Some restrictions are necessary, but more important are social responsibility, self-control, and education. The essence of emergency states is different: protecting the State, its organs, and society against threats and dangers of various causes. So, the restrictions and limitations on human rights associated with them do not respond to the pandemic case. Practical Implications: As a result of conducting the comparisons, it is possible to present some legal changes concerning extraordinary measures and rules during a crisis. Originality/Value: This is a complete research for a comparative study concerning Poland and Taiwan.

Pages (from - to)

239 - 252

DOI

10.35808/ersj/1880

URL

https://www.ersj.eu/journal/1880

Comments

Bibliografia, netografia na stronach 251-252.

License type

other

Open Access Mode

open journal

Open Access Text Version

final published version

Points of MNiSW / journal

100