W poszukiwaniu modelu kontroli granicznej cudzoziemców w ruchu lotniczym – kazus Shamindera Puriego

Abstract

The aim of this article is to present the specific characteristics of air traffic and of manual search of a person and their belongings in a situation where restriction of travelers’ fundamental rights is permitted. The study asks a research question whether the EU law ensures effective protection of rights of migrant persons in the border crossing process in air traffic. Given its specific nature, air traffic requires regulation through the introduction of detailed security clauses. Thus, a special balance between having to ensure security and guarantees of respect for passengers’ basic freedoms must be safeguarded. A discussion presented in this article is largely based on an analysis of the case of Shaminder Puri, a Sikh and an EU citizen at the time of his travel. During border control at the Okęcie Airport he was asked to take off his turban, which he saw as an insult and as a consequence sued the State Treasury. Following that, the article asks a question whether by relying on arguments from courts we may develop a model of procedure for protection and possible limitation of fundamental rights towards travellers who cross borders in air traffic. A discussion presented in this article is largely based on an analysis of the case of Shaminder Puri, a Sikh and an EU citizen at the time of his travel. During border control at the Okęcie Airport he was asked to take off his turban, which he saw as an insult and as a consequence sued the State Treasury. Following that, the article asks a question whether by relying on arguments from courts we may develop a model of procedure for protection and possible limitation of fundamental rights towards travelers who cross borders in air traffic.