https://doi.org/10.21697/zp.2024.24.1.06
In a democratic state under the rule of law, civil rights should constitute the foundation of public administrative proceedings concerning natural persons, so the grounds on which a person may be deprived of his liberty must be precisely defined. This also applies whenever there is a security threat to the Republic of Poland, and obviously, special measures must be taken to protect the State and its inhabitants. The confinement of an individual posing a security threat is one of the measures which may be used in such situations under Ustawa o stanie wyjątkowym z dnia 21 czerwca 2002 r. (the State of Emergency Act of 21 June 2002), which is a provision of administrative law permitting the detention and confinement of a person in the event of his or her activities posing a threat in one of the following three special circumstances: to the constitutional system of the Republic of Poland; to the security of the citizens of, or public order in the Republic of Poland; if a person’s confinement is necessary to prevent him or her from committing a criminal offence, or to prevent the perpetrator of a criminal offence from escaping following its commission. Such measures should be taken in compliance with the general premise that confinement should be proportional to the purpose for which the state of emergency has been introduced. Moreover, a confinement order may not be issued if one of the negative premises occurs. The negative grounds for a confinement order are a person’s age or protection resulting from immunity. A confinement order is an administrative decision, but it is subject to review by an administrative court.
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