Government admits it cannot introduce New Year’s Eve “curfew” but says restrictions remain in place

In response to criticism from legal experts that planned restrictions on movement on New Year’s Eve are unconstitutional, the government has admitted that it does not have the right to impose a curfew. However, it insists that its measures are legal and will remain in place.

Meanwhile, a new tougher set of lockdown measures came into force today, meaning that many shops, hotels and leisure facilities have to close. Large crowds were yesterday reported at ski resorts on the last day they were allowed to open until at least 18 January.

Last week, the government published an ordinance introducing the new restrictions, which it had unexpectedly announced earlier this month. Among them are rules banning people from going out between 7 p.m. on New Year’s Eve and 6 a.m. on New Year’s Day (with exceptions for work or other necessary activities).

However, Poland’s commissioner for human rights, Adam Bodnar, and legal scholars pointed out that only under an official state of emergency – which the government has not declared – can blanket restrictions on movement be introduced. A curfew would be “unlawful” and a “flagrant violation of the constitution”, said Bodnar.

In response, Prime Minister Morawiecki admitted that the current epidemic law does “have limits” and that the “wording [of the New Year’s Eve restrictions] could be questioned”. He confirmed that the government cannot impose a curfew, but still appealed to people to stay at home.

“For a curfew to be applied we would have to implement a state of emergency with the agreement of the president,” said Morawiecki yesterday, quoted by Interia. “We do not think this is essential now as the [existing] law on epidemiological threat gives us almost all the necessary instruments.”

“We strongly urge people not to go out and not to use fireworks so that this New Year’s Eve will pass peacefully.  I know that this is not what we expected from New Year’s Eve a few months ago, but that is the way it should be this year,” the prime minister added, quoted by Onet.

However, today the government’s spokesman, Piotr Müller, made clear that restrictions on New Year’s Eve would still be enforced. “There is no curfew and none has been introduced,” he told TOK FM, noting that people were still allowed to go out for professional purposes.

But, because the epidemiological law allows some restrictions on movement, “the provisions that are currently in the ordinance will remain…[and] are binding”, he declared.

Under the new “national quarantine” lockdown that enters into force today, additional restrictions are added to those already in operation.

Shopping centres must close with certain exceptions (such as supermarkets and pharmacies) while hotels are closed apart from for use by medical staff and members of the uniformed services.

The government has also tightened restrictions on swimming pools and fitness facilities, which previously continued to be available under certain circumstances, and closed a loophole which allowed casinos to continue to function, reports Dziennik Zachodni.

Ski slopes, which had been allowed to open with sanitary precautions in place, are also closed from today. There were reports of crowds and queues at some of Poland’s most popular resorts over the weekend as many people took the last opportunity to ski until at least 18 January, after the current restrictions comes to an end.

Main image credit: Adam Guz/KPRM (under CC BY-NC-ND 2.0)

Ben Koschalka

Ben Koschalka is a translator and senior editor at Notes from Poland. Originally from Britain, he has lived in Kraków since 2005.