Part VII. Questions About Emergency Situations and Amendments to The Voivodeship Charter

Question 29: What are the rules governing the work of authorities of our Voivodeship in emergency situations?

29.1 According to the Constitution of the Republic of Poland, there are following extraordinary states: martial law, state of emergency or state of natural disaster. Martial law regulations are the exclusive competence of national authorities.

29.2 A state of natural disaster may be declared in the area where the natural disaster occurred, as well as in the area where the effects of the disaster occurred or are likely to occur. The state of a natural disaster is declared, for a specified period of time necessary to prevent or remove the effects of a natural disaster not exceeding 30 days, by the national Council of Ministers or, in the area of our Voivodeship, the Voivodeship Council of Ministers. 

29.3 During the state of a natural disaster on the territory of our Voivodeship, the actions aimed at preventing or removing the effects of the natural disaster are directed by:

29.3.a Mayor - if the state of natural disaster was introduced only in the area of one commune or a city;

29.3.b. President of the County Board of Executives - if the state of natural disaster was introduced in the area of more than one commune being a part of one county;

29.3.c. Minister of the Voivodeship appointed by the Voivode - if the state of natural disaster was introduced in the area of more than one county within our Voivodeship;

29.3.d. National Minister appointed by the Prime Minister - if the state of natural disaster was introduced by the Council of Ministers in an area larger than the area of our Voivodeship.

29.4 In the event of inability to direct or improper direction exercised by a Mayor or a President of the County Board of Executives, the Voivode may suspend the powers of the Mayor or the President to direct preventive actions and appoint a proxy to direct such actions.

29.5 If the President of the Republic of Poland introduces the state of emergency in the area covering only our Voivodeship or a part thereof, the Voivode, in close cooperation with the Prime Minister and the President of the Republic of Poland, shall coordinate and control the functioning of the public administration.

29.6 During the state of emergency, the Voivodeship Charter and Voivodeship Basic Resolutions may not be amended, nor may a new Voivodeship Basic Resolution be adopted. During the state of emergency and within 90 days after the end of the state, elections of the subnational government bodies of our Voivodeship may not be held. The same applies to Voivodeship and Local Electronic Referenda and Voivodeship and Local Referenda. The terms of office of affected bodies shall be extended accordingly.



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