Irregular Migration in Poland and the Importance of Readmission Agreements in Theory and Practice

Abstract

Poland is a Member State of the European Union and a part of the Schengen area, which ensures free movement without controls at its internal borders while strengthening the security of its external borders. It plays a special role here, as its eastern border is simultaneously its external border. This importance has been further increased by recent events in the eastern part of Europe, particularly through the smuggling of migrants and refugees into the European Union from, inter alia, Iraq, Afghanistan, and other countries in the Middle East and Africa via the Belarusian-Lithuanian, Belarusian-Polish, and Belarusian-Latvian borders in 2021, and because of Russia’s aggression against Ukraine on 24 February 2022 resulting in millions of people fleeing war and seeking protection, particularly in the eastern part of the European Union. The increased migratory movement along the eastern borders of the Republic of Poland observed in 2021, was a direct cause of the changes introduced in Polish legislation on foreigners. The possibility of returning migrants apprehended immediately after crossing the border in violation of the law was introduced. In such cases, the competent commanding officer of the Border Guard could draw up a report on crossing the border and issue an order to leave Poland. The appeal against this order may be presented to the Commander-in-Chief of the Border Guard, which, however, does not suspend it. The aim of these provisions was to protect the border from a mass influx of irregular migrants. However, it is questionable whether they simultaneously ensure the fundamental human right to be treated with dignity.