The voivode as an authority ensuring the continuity of public administration in extraordinary situations – reflections based on the experience of the COVID-19 pandemic

Abstract

Background: This article examines the legal mechanism of temporarily assigning public administration tasks to another entity under Article 15zzy of the Act of 2 March 2020 on Special Solutions Related to the Prevention, Counteracting and Combating of COVID-19, Other Infectious Diseases and the Crisis Situations Caused Thereby (Dz.U. z 2025 r. poz. 764). The focus on this issue stems from the need to assess the effectiveness and practical implications of emergency measures adopted by public administration during the COVID-19 pandemic to ensure the continuity of government functions.
Research purpose: The primary objective of the study was to present the role of the voivode as a central government authority responsible for maintaining the operational continuity of public administration in extraordinary circumstances, using the pandemic as a case study. The hypothesis advanced in the article is that the voivode, acting under special statutory powers such as Article 15zzy, played a critical role in coordinating and temporarily reallocating tasks among administrative entities, thus contributing to the state’s crisis response capacity.
Methods: The study employs both the dogmatic-legal and theoretical-legal methods. The analysis is grounded in national normative acts, voivodes’ executive orders, case law, and legal doctrine. Illustrative material includes specific examples of executive orders issued by voivodes between 2020 and 2022 under Article 15zzy.
Conclusions: The findings indicate that the voivode – empowered by the provisions of Article 15zzy – played an essential role in securing the continuity of public administration during the pandemic. The legal instrument in question enabled the rapid and flexible reallocation of public tasks to alternative entities in cases of institutional incapacity, which proved especially significant in areas such as civil registration and building supervision. The conclusions point to the need for a permanent legal framework regulating such crisis management tools, preferably through amendments to the Act on the Voivode or the Crisis Management Act. Furthermore, the legal status of voivodes’ executive orders and the definitions of key legal concepts (e.g., “authority” and “office”) require clarification to ensure legal certainty and administrative consistency. The pandemic has confirmed that the voivode, as the representative of the Council of Ministers in the field, holds a strategic position in ensuring the continuity of government, particularly under extraordinary conditions, and must be systematically prepared to fulfil this role.