Wolność poruszania się i osiedlania się jednostki w polskim prawie administracyjnym
Freedom of movement and settlement of the individual in Polish administrative law

Summary/Abstract: The subject of this analysis is the scope of an individual's freedom of movement and settlement in contemporary Polish administrative law, together with the necessary restrictions on the exercise of this right. The article focuses exclusively on the issue of exercising the right to freedom of movement and settlement of Polish citizens and stateless persons (apatrids) within the territory of the Republic of Poland, with the exception of states of emergency or special states (war, exception).Since the right to move freely within one's own country, as well as the right to choose one's place of residence and to settle within the state (ius domicilii), belong to the category of fundamental individual rights and determine the so-called fundamental legal status of an individual, it is appropriate to provide a historical overview of the evolution of the concept and scope of these rights. I will then point out the restrictions on the exercise of both rights de lege lata in specific situations, albeit occurring without the introduction of states of emergency, and the statutory sources of these restrictions. For practical reasons, the author distinguishes between two situations: 1) involving restrictions on an individual's freedom of movement (with a specific legal regime), 2) involving deprivation of personal liberty (e.g. forced hospitalisation). It also outlines the existing institutional safeguards in the current legislation - primarily in the form of judicial review ‑ aimed at preventing the expansion of restrictions on the exercise of rights to freedom of residence and movement of residents within the country. This is summarised with de lege ferrenda conclusions.

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