State security versus fundamental freedoms. Evaluating Polish legislative responses to terrorism and radicalization

Abstract

Although Poland is a country of low risk of terrorism, the state security response is strong and involves relatively substantial powers vested on the services and the police. While state security is vital to protect fundamental freedoms, the role of fundamental freedoms in countering radicalization responses is also paramount. It is of utmost importance that citizens engage with the society and are able express their grievances through peacefully assembly, right to associate, and free speech. This article discusses selected challenges related to the Polish legislative counter-terrorism reforms in the context of the constitutional framework of fundamental values. During the COVID-19 pandemic the rights and freedoms were limited inconsistently with the constitutional standards, and these issues remained valid also in the later period of the epidemic threat. The article concludes with recommendations how the legal framework’s response to radicalization could be improved.