On Tuesday morning, the Minister of Interior and Administration announced that the Prime Minister had decided to extend the territorial scope of the regulation on the state of natural disaster to include the following counties: Lubań, Dzierżoniów, Świdnik, Opole, Krapkowice, Brzesko and Kędzierzyn-Koźle.
Released the day before The regulation of the Council of Ministers of September 16 introduced a state of natural disaster in the area of three voivodeships Lower Silesia, Opole and Silesia. These locations were selected based on the recommendations of the governors after meetings of the relevant provincial crisis management teams. From the beginning, the government did not rule out that the territorial scope of the state of natural disaster would be extended.
Based on the amended regulations, from September 17, the natural disaster area will include:
in the Lower Silesian Voivodeship:
- the Kamienna Góra, Karkonosze, Kłodzko, Lwówek, Wałbrzych, Ząbkowice, Lubań, Dzierżoniów and Świdnica poviats,
- cities with county rights Wałbrzych and Jelenia Góra;
in the Opole Voivodeship:
- the poviats of Głubczyce, Nysa, Prudnik, Opole, Krapkowice, Brzesko and Kędzierzyn-Koźle,
- Strzeleczki commune in Krapkowice district;
in the Silesian Voivodeship:
- the Bielsk, Cieszyn, Pszczyna and Racibórz poviats,
- a city with Bielsko-Biała district rights.
– Ordinance It is constructed in such a way that every day we will be ready, together with the head of the Ministry of Interior and Administration, to introduce the necessary changes, i.e. supplement it with any new counties or communes if we consider that the state of natural disaster will facilitate our protective and rescue actions – the Prime Minister said on Monday.
The state of natural disaster has been introduced for the maximum possible period, i.e. 30 days from the date of announcement of the regulation. The government justifies that this is the time necessary to prevent the effects of this disaster or to eliminate these effects.
During the state of natural disaster the following types of restrictions on human and civil freedoms and rights apply:
- the obligation to vacate or secure residential premises or other premises;
- an order to evacuate at a specified time from specific places, areas and facilities;
- an order or prohibition to stay in certain places and facilities and in certain areas;
- an order or prohibition of a specific method of movement.
– We will try to use the tools provided by the state of emergency with restraint and the necessary delicacy. It is not our intention to limit civil rights beyond a proper need – Donald Tusk argued.
The Ministry of Interior and Administration, the author of the project, argues that in the current situation it is necessary to mobilise all available resources and means to protect health, life and property. The introduction of a state of natural disaster and the use of extraordinary legal instruments related to it will make it possible to increase the scope and effectiveness of assistance provided to people affected by the effects of the element and to more efficiently counteract and remove the effects of floods. It will allow for more efficient operations of the relevant services in order to protect the life and health of people and to protect property. It will also allow for more efficient movement of means of transport necessary for conducting rescue operations, as well as more efficient cooperation of state services and bodies.
Read also in LEX: Functioning of local government units during a state of natural disaster >
One of the states of emergency
Table of Contents
A state of natural disaster is one of the states of emergency provided for in the Constitution of the Republic of Poland (Art. Article 232 of the Constitution of the Republic of Poland). According to the act on the state of natural disaster a state of natural disaster may be introduced in an area where a natural disaster has occurred, as well as in an area where the effects of this disaster have occurred or may occur. A state of natural disaster is introduced for a specified period, necessary to prevent or remove the effects of a natural disaster, no longer than 30 days. This state may be extended with the consent of the Sejm.
The Council of Ministers, by means of a regulation, may introduce a state of natural disaster on its own initiative or at the request of the relevant voivode. The regulation shall specify:
- causes,
- date of introduction,
- the area and duration of the state of natural disaster,
- to the extent permitted by this Act, the types of necessary restrictions on human and civil freedoms and rights.
The regulation is published in the Journal of Laws of the Republic of Poland and is also made public by means of a notice issued by the relevant voivode, posted in public places, and in a manner customarily accepted in a given area.
Editors-in-chief of daily newspapers and broadcasters of radio and television programmes are obliged to immediately and free of charge make public the regulation of the Council of Ministers on the introduction of a state of natural disaster, communicated to them by the voivode competent for the seat of the editorial office or broadcaster.
Read also: Rains flood cities, climate cannot be changed, but regulations can
The introduction of a state of natural disaster increases the competences of the body that directs actions taken to prevent or eliminate the effects of a natural disaster. If the state of natural disaster has been introduced in the area:
- municipalities – the head of a commune (mayor, city president) receives more powers,
- more than one commune included in the district – starosta,
- more than one county included in a voivodeship, this body is the voivode,
- in the area of more than one voivodeship – the minister responsible for public administration or another minister whose responsibilities include preventing or removing the effects of a given natural disaster, and in the event of doubts as to the competence of the minister or in the event that several ministers are competent – the minister appointed by the Prime Minister.
The introduction of a state of natural disaster involves the issuance of binding orders by the minister, among others, to local government bodies.
See also procedure: Random Allowances >
The third time in post-war Poland
The state of natural disaster declared by the government is the third state of emergency introduced in Poland since 1945 (after martial law of December 13, 1981 and the state of emergency of September 2, 2021 in part of the country’s territory along the Polish-Belarusian border). A state of natural disaster was not introduced even during the Covid-19 pandemic, nor during the previous floods in 1997 and 2010.
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– What counties in Poland are newly affected by the extended state of natural disaster due to flooding?
Poland Extends State of Natural Disaster to Additional Counties Amid Flooding Crisis
On Tuesday, the Polish government announced an extension of the territorial scope of the state of natural disaster to include seven additional counties in response to the devastating floods that have affected several regions in the country. The move is aimed at facilitating rescue and protective actions, as well as providing necessary assistance to those affected by the disaster.
Background: Introduction of State of Natural Disaster
On September 16, the Council of Ministers introduced a state of natural disaster in three voivodeships: Lower Silesia, Opole, and Silesia. This decision was made following recommendations from governors and provincial crisis management teams. The government had not ruled out the possibility of extending the territorial scope of the state of natural disaster, and on Tuesday, the Minister of Interior and Administration announced the inclusion of additional counties.
New Counties Affected
The state of natural disaster now affects the following counties:
In the Lower Silesian Voivodeship: Kamienna Góra, Karkonosze, Kłodzko, Lwówek, Wałbrzych, Ząbkowice, Lubań, Dzierżoniów, and Świdnica
In the Opole Voivodeship: Głubczyce, Nysa, Prudnik, Opole, Krapkowice, Brzesko, and Kędzierzyn-Koźle, including the Strzeleczki commune in Krapkowice district
In the Silesian Voivodeship: Bielsk, Cieszyn, Pszczyna, and Racibórz, including the city of Bielsko-Biała
Purpose of the State of Natural Disaster
The state of natural disaster allows for the implementation of extraordinary legal instruments to protect health, life, and property. The government aims to mobilize all available resources and means to counteract and remove the effects of floods. The state of natural disaster will facilitate rescue operations, ensure the efficient movement of necessary transport, and enhance cooperation between state services and bodies.
Restrictions on Human and Civil Freedoms and Rights
During the state of natural disaster, certain restrictions on human and civil freedoms and rights will apply, including:
Obligation to vacate or secure residential premises or other premises
Order to evacuate at a specified time from specific places, areas, and facilities
Order or prohibition to stay in certain places and facilities and in certain areas
* Order or prohibition of a specific method of movement
Government’s Commitment to Restraint
Prime Minister Donald Tusk has assured that the government will use the tools provided by the state of emergency with restraint and necessary delicacy, with no intention to limit civil rights beyond a proper need.
Duration of the State of Natural Disaster
The state of natural disaster has been introduced for the maximum possible period of 30 days from the date of announcement of the regulation. This duration is necessary to prevent the effects of the disaster or to eliminate them.
the extension of the state of natural disaster to additional counties in Poland is a crucial step in responding to the devastating floods and providing necessary assistance to those affected. The government’s commitment to using extraordinary legal instruments with restraint will ensure that the response to the crisis is effective while also protecting human and civil freedoms and rights.
