Flood 2024. State of natural disaster – what changes does it introduce?

After consultation with the relevant ministers and services, I commissioned the preparation of a regulation of the Council of Ministers on the introduction of a state of natural disaster – announced on Sunday prime minister Donald Tusk. “The state of natural disaster is the right step to mobilise forces, resources and financing within the European RescUE mechanism” – Jacek Siewiera, head of the National Security Bureau, assessed on platform X

Minister of Infrastructure Darius Klimczak he explained on TVN24 that “the state of natural disaster is not intended to raise any additional alert”. – It is primarily intended to send good news to residents, to local government, to all institutions that deal with rescue and future reconstruction, that it will be easier – he explained on “Rozmowa Piaseckiego” on Monday. According to the Minister of Infrastructure, introducing such a state in areas affected by flooding will facilitate and speed up the necessary procedures. “It is also an increase in the rigor of the enforceability of certain decisions, (…) facilitating cooperation between institutions and between institutions and individuals” – he explained.

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According to the Constitution of the Republic of Poland, a state of natural disaster may be introduced “in situations of particular threats, if ordinary constitutional measures are insufficient”. The purpose of introducing such a state is to prevent the effects of natural disasters or technical failures bearing the characteristics of a natural disaster and to remove them. “The Council of Ministers may introduce a state of natural disaster for a specified period, no longer than 30 days, on part or on the entire territory of the country. This state may be extended with the consent of the Sejm” – we read in the constitution.

According to the Act on the State of Natural Disaster, the government introduces it by means of a regulation. It specifies the reasons, date of introduction and the area and duration of the state of natural disaster, as well as the types of necessary restrictions on freedom and human rights and citizens to the extent permitted by law.

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What restrictions are we talking about? – In order to effectively mitigate the effects of a state of disaster, authorities may force people to evacuate, prohibit staying in a given place, carry out necessary demolitions, or otherwise use private property in areas covered by the state of disaster, or introduce restrictions on transport. If human resources are insufficient, the authorities may impose on people the obligation to provide personal services, e.g. to perform specific works. The Armed Forces can be used to prevent a natural disaster – explains in an interview with PAP constitutionalist from the University of Warsaw, Dr. Hab. Jacek Zaleśny. At the same time, he emphasizes that all actions must be purposeful, proportionate and as minimally invasive as possible. – It must be borne in mind that a state of natural disaster is introduced to minimize the negative effects of the disaster, and not to use the disaster for other purposes – he adds.

The constitutionalist points out that a state of natural disaster is introduced when typical measures of public authorities are insufficient. – However, if it is enough to apply typical crisis management measures, then extraordinary measures are not used – he says.

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Zaleśny explains that the introduction of a state of natural disaster is a matter of government decision, which may consider that public authorities are unable to act effectively using typical measures. The constitutionalist points out that so far there has been no situation where it was necessary to resort to measures provided for in extraordinary situations. He explains that the introduction of a state of natural disaster causes changes in the division of competences between local government authorities and government authorities, including government authorities in the field.

– In a typical situation, the majority of decisions regarding crisis management, e.g. during floods or droughts, are made by local government authorities, including county authorities. On a daily basis, local government authorities operate independently of government authorities, including the governor's authority as the government's representative in the province – the constitutionalist points out.

– However, the introduction of a state of natural disaster means that the government authorities, including primarily the governor, take over crisis management, including, crucially, the authority to issue legally binding orders to local government authorities. In the area affected by the state of disaster, consolidation of management of public authorities takes place. There is a transfer of competences from the level of the mayor or county board to the government authorities – he explains.

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