Konstytucyjność rozwiązań prawnych dotyczących czasowego ograniczenia prawa do złożenia wniosku o udzielenie ochrony międzynarodowej przyjętych przez Radę Ministrów 27 marca 2025 r.
The assessment of compliance with the Constitution of the measures temporarily restricting the right to apply for international protection, adopted by the Council of Ministers on 27 March 2025

Summary/Abstract: The article discusses the Regulation of the Council of Ministers of 27 March 2025 on the temporary restriction of the right to submit an application for international protection, which applies at the border with Belarus. The author analyzes whether such a restriction, introduced by a substatutory act, is consistent with the Constitution of the Republic of Poland, particularly with Article 31(3) and Article 56, and whether it infringes upon the essence of the right to asylum. The article highlights similarities between this regulation and mechanisms applied during states of emergency, while also pointing out significant differences arising from the hierarchy of legal sources. The regulation is further criticized for its questionable legislative precision and the risk of exceeding the statutory delegation of legislative powers. The author addresses the potential conflict between domestic regulations and Poland’s international obligations, including the principle of non-refoulement under the 1951 Geneva Convention. It is argued that any restriction on the right to asylum should be introduced solely by statute, and that courts may disregard the regulation on the grounds of its unconstitutionality. Against this backdrop, the author raises doubts as to the compatibility of the regulation with both the Constitution and international law.

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