Foreigner protection in Poland in the light of the constitutional principles and European standards Cover Image

Ochrona cudzoziemców w Polsce na gruncie konstytucyjnych zasad oraz standardów europejskich
Foreigner protection in Poland in the light of the constitutional principles and European standards

Author(s): Katarzyna Chrostowska-Malak
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Migration Studies
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: foreigners ; refugees ; foreigner protection ; state border protection ; state security

Summary/Abstract: The aim of the paper is to identify and analyse the problems of foreigner protection in Poland in the light of the constitutional principles and European standards and in reference to the current migration situation in Poland. The values and priorities of states and societies are most evident in crisis situations, especially when they refer to foreigners who apply for help and protection and are referred to as “others” or “aliens”. The intention of the author is to demonstrate that problems that arise from international conflicts or crises cannot be solved only on the national level, within own actions and competences. The protection of the greatest good, i.e. state security and human rights, requires applying adequate measures that are proportional to the threats; these values cannot be presented as opposites. It might be noticed that the existing political and legal solutions do not keep up with the changing situation and the emerging needs. The eternal sui generis race between practice and normative regulations has always been presented in a sharp way in the field of the analysed problem.Due to the multi-faceted, legal and political nature of the subject, the author used research methods that are characteristic for social sciences, i.e. institutional and legal analysis, social analysis, descriptive and comparative analysis, and the historical method.

  • Issue Year: 2024
  • Issue No: 3
  • Page Range: 27-57
  • Page Count: 31
  • Language: Polish
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