Udzielanie ochrony międzynarodowej cudzoziemcom na terytorium Rzeczypospolitej Polskiej

Abstract

After so-called Arab Spring increasing number of people seeking international protection in the EU Member States became noticeable. In 2015 over 1 million people and by the June 2016 around 156 thousand refugees, displaced persons and other migrants went to Europe, either escaping from the internal conflict or searching for better social welfare. European Commission has undertaken actions in order to stop influx to Europe, e.g. donated funds equivalent to the 83 million euro to the urgent refugee relief in Greece and also supports refugees staying in Turkey, and this country, from the beginning of conflict in Syria, i.e. from 2011, received the help equivalent to the 455 million euro. The EU did not only confine itself to grant the financial aid, but also revised its primary and secondary law. The basic aim of this changes was to increase refugees’ protection regime, to ensure that co-called Dublin system, which establishes criteria for determining the Member State responsible for consideration of an application for asylum, will be more effective and fair system. It is noteworthy that one of the main factor that caused these changes were, due to their relevance, judgements of European Court of Human Rights and case law of the European Union Court of Justice in so-called Dublin cases. EU asylum and migration policy has a major impact on legislation of its Member States, including Polish legislation. Therefore, in order to adapt Polish law to European Union law, the act of 10th September 2015 on the amendment to the act on granting foreigners the protection in the Republic of Poland and some other acts, which implements to the Polish legal system all of provisions of the directive of the European Parliament and the Council 2013/32/UE, so-called procedural directive, the directive of the European Parliament and the Council 2013/33/UE, so-called reception directive, and for adjustment of Polish law to the regulation of the European Parliament and the Council 604/2013/UE, so-called Dublin III, was passed. This paper highlighted the most important amendments to the act of 13 th June 2003 on granting foreigners protection in the Republic of Poland, which concern the international protection, i.e. granting an alien the status of refugee and subsidiary protection status, including obligations arising for Poland from the international law, as well as law of the European Union in this respect.