Legal boundaries and legislative technique of monitoring persons placed in the detoxification detention centre or unit in the light of the Act on Upbringing in Sobriety and Counteracting Alcoholism

Abstract

The text focuses on the issue of inconsistent legislative technique in the Act of October 26, 1982 on Upbringing in Sobriety and Counteracting Alcoholism, concerning the monitoring of persons placed in the detoxification detention centre. In case the direct coercive measures in the form of isolation is applied to a person placed in the detoxification detention centre, the legislator correctly, exhaustively and with respect to his/her rights regulates exclusively by act the monitoring applicable in this case (cl. 12-15 art. 42 of the aforementioned Act). In the other cases related to equipping the premises of the detoxification detention centre with monitoring, the legislator has regulated legal issues – analogous to those in the case of monitoring of persons in isolation – not in the act but in the executive regulation to the act (cl. 1 and cl. 5 of Article 42 [3] of the aforementioned Act). This means that a certain scope of human rights and conditions for the processing of his/her personal data is established not in the act, but in the bylaw act, which is unconstitutional. This situation requires rethinking and change.