Transpozycja zasady non-refoulement do polskiego systemu ochrony uchodźców
Transposition of the non-refoulement principle to the Polish refugee protection system
Author(s): Maciej GrześkowiakSubject(s): Civil Law, International Law, Human Rights and Humanitarian Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: refugee; non-refoulement; human rights; public international law; European Union law; expulsion; extradition; uchodźcy; non-refoulement; prawa człowieka; prawo międzynarodowe publiczne
Summary/Abstract: The paper aims at examining the influence of international legislations on the scope and content of the non-refoulement principle as articulated in the Polish law. Its shape on the Polish national ground is in fact a sum of influences stemming from external law systems. The article is based on the determination of three major sources of the refugee law that shape the content of the principle: public international law, European Union law and Polish national law. The Author first scrutinises the scope and content of the principle as laid down in crucial legislations belonging to these three sources which later enables their comparison and examination of the impact they make on one another in terms of conceptualisation of the principle of non-refoulement. The EU law reflects and specifies mechanisms established in the public international law which are further specified on a national ground. The final product is a national structure of the principle which is far more specific than the one known from the 1951 Refugee Convention that first stipulated it. The Author concludes with pointing at flaws and inaccuracies in a national articulation of the principle.
Journal: Studia Iuridica
- Issue Year: 2018
- Issue No: 76
- Page Range: 199-217
- Page Count: 19
- Language: Polish