Migration and Refugees in the Constitution of the Republic of Poland

Migration and Refugees in the Constitution of the Republic of Poland Presented by: Prof. Dr. Syryt Date: 18 October 2023 The Aims Of The Presentation - To show framework of the legal basis of migration and refugees' issues in Poland; - To consider which of the principles of the state in the Constitution of the Republic of Poland are attached to migration and refugees' issues; - To answer how the status of the migrants is regulated in the Polish Constitution Formal Legal Basis For Migration And Refugees' Issues In Poland - Constitution • Statutes • Ratified International agreements • UE law Constitutional Principles Shaping The Position Migrants And Refugees In Poland - - Principle of common good • Preamble to the Constitution • Art. 1 Principle of the sovereignty of the Nation • - Art. 4 Principle of the dignity • Preamble do the Constitutions • Art. 30 The Principle of the Sovereignty of the Nation (Article 4 of the Constitution RP) - The 1997 Constitution of the Republic of Poland is established by the sovereign, which is the Nation. This is clear from the preamble and art. 4 of this act. All citizens of the Republic of Poland are the Nation. - Article 4 provides that: • "1. The supreme power in the Republic of Poland belongs to the Nation. • 2. The people exercise power through their representatives or directly." The principle of the common good (Article 1 of the Constitution RP) - “The Republic of Poland is the common good of all citizens.” • The citizen is, therefore, the basic subject of all activities of public authorities, as the state has special obligations towards him. According to the doctrine, the common good is the sum total of those conditions of social life, thanks to which individuals, families and other communities can more fully and easily achieve their own perfection. The Principle of Dignity (Article 30 of the Constitution RP) - "The inherent and inalienable dignity of the human person is the source of freedom and rights of man and of the citizen. It is inviolable and it is the duty of public authorities to respect and protect it." Objectives and duties of the State (Article 5 of the Constitution) - The Republic of Poland safeguards the independence and inviolability of its territory, ensures human and citizen rights and freedoms and security of citizens, guards national heritage and ensures environmental protection, guided by the principle of sustainable development. (Article 37 of the Constitution) - Article 37 • 1. Anyone, being under the authority of the Polish State, shall enjoy the freedoms and rights ensured by the Constitution. • 2. Exemptions from this principle with respect to foreigners shall be specified by statute. Rights of migrants and refugees in Constitution RP (Article 56 of Constitution RP) - Foreigners may exercise the right of asylum in the Republic of Poland in accordance with the rules laid down in the Act. - A foreigner who seeks protection from persecution in the Republic of Poland may be granted refugee status in accordance with international agreements binding on the Republic of Poland". Conclusions - 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 Article 56 sec. 2 - Migrants and refugees as foreigners are covered by Polish law and its guarantees, including constitutional guarantees (art. 30 and art. 37 sec. 1 of the Constitution) - The legislature has provided guarantees for foreigners in the form of the possibility to apply for the right of asylum and refugee status - Foreigners can assert their freedoms and rights through judicial and administrative means. They can also apply to the Ombudsman in their cases