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Karta Polaka w systemie instytucjonalnym prawa o cudzoziemcach

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Narożniak A.

Studia Prawa Publicznego

2017

issue 4 (20)

129-164

In recent years, there have been legislative cha nges as a result of which the role of the Pole’s Card in the Polish legal system has been increasing. The growing importance of the Pole’s Card requires reﬂ ection on its place in the system of Polish law on foreigners and its relation to other institutions of this law. According to the original concept, the Pole’s Card was to be an offi cial conﬁ rmation of the holder’s belonging to the Polish Nation and a way of granting a number of rights in order to make the foreigner’s stay in Poland easier. Today, it is justiﬁ ed to say that the Pole’s Card has acquired a new, “stay-in” function. Although the Card on its own does not give the right to reside in Poland, it allows its holder to apply for a permanent residence permit without having to meet standard migration requirements. The changes have also made it legitimate to talk about a “repatriation” function of the Pole’s Card. It does not grant Polish citizenship, nevertheless it lets to avoid many diffi culties connected to standard procedures. As far as leaving the country is concerned, the Pole’s Card does not constitute an obstacle to the imposition on its holder of an obligation to leave Poland. However, it should be noted that while fulﬁ lling its functions, the Card signiﬁ cantly reduces the likelihood of addressing a decision containing such an obligation. The attractiveness of the Pole’s Card holder status is demonstrated in practice by the growing interest in applying for this document. In the system of the law on foreigners, however, there remain some details that show that the whole concept is somehow incomplete. In practice, problems arise with the assessment of the connection to Polish culture and there are questions about the eff ects of unfair practices when applying for the Pole’s Card. Doubts are also raised by the lack of uniﬁ cation of the Card holder status, irrespective of the possession of another privileged status: the one of a citizen of the European Union or a member of her or his family. It leads to a conclusion that legislative corrections seem necessary at some points. At the same time it is claimed that apart from the above, the quality of the application of the existing law should be improved.

Conformity of the Act on the Polish Card with International Law from the Perspective of the Constitutional Court of Belarus

100%

Burek W.

Polish Yearbook of International Law

2019

vol. 39

187-207

With the Act on the Polish Card Poland followed the pattern of some European states (mostly Central and Eastern European ones) of enacting specific domestic legislation conferring special treatment and benefits to persons who are recognized as its kin-minorities. The most important analysis of this phenomenon from the perspective of international law was the 2001 Venice Commission’s report entitled “Report on the Protection of National Minorities by their Kin-State.” The Polish legislation was adopted in 2007, so for obvious reasons it was not considered by the Venice Commission. However, a rather unexpected and unusual examination of the Polish kin-state legislation from the perspective of international law came from Belarus. The Constitutional Court of the Republic of Belarus (CCRB) conducted a comprehensive examination of the Act on the Polish Card in 2011. The main aim of this article is to present and comment on the reasoning of the CCRB. Beginning with the broader context, this article starts with a presentation of the origins and a short description of the Act on the Polish Card, followed by a discussion of why the Polish Card and other kin-state legislation instruments are topics of concern in international law. The main part of the article is devoted to the presentation and assessment of the 2011 CCRB decision on the Act on the Polish Card. The author’s assessment confirms at least some of the concerns put forward by the CCRB, i.e., that both the Act on the Polish Card and the practice based on it contradict some norms and principles of international law, namely the principle of territorial sovereignty, the norms of consular law, and several bilateral treaties in force between these two states. Bearing in mind that despite those concerns more than a quarter-million Polish Cards (also sometimes called Pole’s Cards) have been issued so far by the Polish authorities, the article ends with a discussion of why such a prolonged nonconformity with international law is possible.

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Karta Polaka w systemie instytucjonalnym prawa o cudzoziemcach

Conformity of the Act on the Polish Card with International Law from the Perspective of the Constitutional Court of Belarus