Chosen Dilemmas Related to Legal Certainty in the Context of Returning Irregular Migrants

Chosen Dilemmas Related to Legal Certainty in the Context of Returning Irregular Migrants Presented by: Dr. Tchórzewski Date: 18 October 2023 Legal Certainty (Principle Of Legal Certainty) - It is of particular importance from the point of view of returning irregular migrants. - Complex and evolving. - The emergence of the principle of legal certainty was attributed to the 19th century German Rechtstaat (a more state-based approximation of the rule of law). - The 19th century - French l'état de droit, and the theorization of English rule of law, which have in common the idea of a political power that guarantees individual rights while being subjected to legal principles such as legal certainty. - Legal certainty - a possibility to foresee the effects of one's behavior. - Legal security can be seen as additionally including material elements such as, for example, social minimum for each citizen. - From the judicial point of view, legal certainty includes the predictability of whether a decision will be issued, the predictability of the decision's content, the predictability of the decision's consequences. Central European Perspective - Chosen Dilemmas - The issue of coercive engineered migration. - The issue of externalization of the European Union's migration governance to third countries. - The issue of tensions between national law and European Union (international) law. Coercive Engineered Migration - Cross-border population movements which are purposefully created in order to induce political, military and (or) economic concessions from a target state. - If coercive engineered migration amounts to a use of force to draw a balance between the state's rights and the human rights of the migrants, the receiving state should arguably be able to derogate from its collective obligations related to expulsion. Externalization Of The European Union's Migration Governance To Third Countries - It was criticized from the point of view of protection of human rights. - It is aimed at reducing the number of people irregularly entering the EU. - It may be argued that an inflexible system of protection of migrant's rights may de facto indirectly contribute to serious violations of human rights of migrants. Tensions Between National Law And EU (International) Law - The issue exists to varying degrees in different Central European states. - Examples of Poland and Hungary.