Issues Relating to Migration and Refugees in the Constitution of the Republic of Poland and the Jurisprudence of the Constitutional Tribunal

Syryt, Aleksandra (2023) Issues Relating to Migration and Refugees in the Constitution of the Republic of Poland and the Jurisprudence of the Constitutional Tribunal. LAW, IDENTITY AND VALUES, 3 (2). pp. 283-309. ISSN 2786-2542 (print); 2786-3840 (online)

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Abstract

Issues relating to migration and refugees are becoming increasingly important worldwide, requiring various kinds of analyses, including legal analyses. Poland is no exception. Owing to its binding international agreements, the country must ensure certain standards for the protection of migrants and refugees. Although primarily established by international law, the national legal framework is also relevant. Certain standards are derived from the Constitution of the Republic of Poland and the jurisprudence of the Constitutional Tribunal. Although the Polish Constitution does not mention migrants as such, and the concept of a refugee appears in the context of the right to obtain this status, based on art. 56 sec. 2, the system’s legislator ensures that the interests of these persons are protected. Indeed, migrants and refugees as foreigners are covered by Polish law and its guarantees, including constitutional guarantees. The article analyses how migration and refugee issues are regulated in the Constitution of the Republic of Poland and the jurisprudence of the Constitutional Tribunal. By analysing the constitutional provisions and relevant case laws, this article aims to present the constitutional legal framework in Poland for these issues and examine the extent to which these solutions are appropriate and whether the Polish Constitution requires modifications or amendments in this regard. Shaping the position of migrants and refugees must comply with constitutional standards, including the general principles of loyalty, proportionality, and equality. Exceptions and limitations may be established by law and must meet the conditions of art. 31 sec. 3 of the Constitution. Differentiating the constitutional position of citizens and foreigners with regard to certain rights, especially those serving the realisation of the principle of the Nation’s sovereignty, is justified and cannot be treated as discrimination. This is justified by the functions of the state and its obligations to citizens as expressed in the Constitution.

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