The Council of Ministers, at its meeting on 31 August 2021, adopted a resolution to address a request to the President of the Republic of Poland to introduce a state of emergency in the area near the Polish-Belarusian border. The use of this institution for the first time since 1997 raises the need to update previous considerations, which so far have been strictly theoretical, and to comment on the implementation of constitutional and statutory provisions on the state of emergency. At the same time, the application of the provisions on the state of emergency has aroused certain public concerns as well as interpretational discrepancies among representatives of the doctrine, which should be clarified.