| 1. |
- Szulecka, Monika
(författare)
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Border Management and Migration Controls in Poland
- 2019
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Rapport (refereegranskat)abstract
- The report focuses on the laws and practices of border management and migration control in Poland. It includes a description of the main developments in migration policy and laws concerning border control and since 2011, focusing on the arrival of asylum seekers, the lack of significant changes in the law, and substantial changes in the state's attitude towards immigration. Furthermore, the report provides a detailed description of the legal framework and implementation related to border management and migration control concerning different phases of the migratory process: before entry, at the border, within the territory, and during return procedures.The report also discusses problems and challenges as identified by experts in immigration issues. The topics identified as requiring attention and improvement concern: (1) the situation at the Polish eastern border and the restricted access to apply for international protection in Poland (due to refusals of entry issued to non-nationals appearing at the border without the required visas), (2) the dual role of the Border Guard at the border and the consequences of it for the process of receiving applications for international protection, (3) problems with the lack of legal aid for persons in the process of the return procedure, and (4) issuing decisions on detention despite negative prerequisites to do so, especially in case of families with children.
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| 2. |
- Szulecka, Monika, et al.
(författare)
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Poland - Country Report : Legal and Policy Framework of Migration Governance
- 2018
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- The history of immigration to and emigration from contemporary Poland as a social phenomenon dates back to 1989. Geopolitical changes in the region brought the ‘opening’ of Poland’s borders, which in turn contributed to the growing scale of mobility both from and to Poland. Moreover, Poland, as a country on the way from the East to the West also became a transit country both for migrants travelling due to economic reasons and also to asylum seekers. This report presents the socio-economic, political, legal, institutional and policy context of migration governance in Poland. By analysing legal acts, official documents and available statistical data, we try to analyse macro level factors determining migration management in Poland. The report is divided into seven parts. In the first part, on the basis of statistical data, we conclude that the population of asylum seekers and refugees in Poland is strictly determined by the region of origin of foreigners seeking protection.In the analysis of the legal, socio-economic, political and cultural context, which is described in parts two and four, we can observe that during the past 25 years the situation has improved. Therefore, Poland became more and more attractive for foreigners, especially in terms of its labour market. In part three, we focus on the constitutional organisation of the state and the constitutional entrenchment of the principle of asylum. We argue that the ongoing constitutional and judiciary crisis mentioned in this part may constitute threats to the rule of law and protection of human rights.Part five of this report describes the details of various statuses, ranging from asylum seekers (with a focus on the reception system), beneficiaries of international protection to regular migrants and undocumented migrants. This part describes the conditions for gaining certain statuses, rights and obligations linked to certain statuses as well as the circumstances in which a given status may be revoked. The last, seventh part, of the report discusses the planned amendments to the law driven by the refugee crisis. We argue that in the case of Poland the changes or reform proposals are rather linked to challenges observed in the context of inflow from the Caucasus than in the context of inflow from the Middle East or Africa, associated with the ‘refugee crisis’.
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