Konflikt praw jednostek z interesem państwa
Conflict of individual rights with the interests of the state

Summary/Abstract: The armed conflict in Ukraine has affected migration policy in Poland. Due to the influx of a significant number of people from areas where warf are occurred, the Polish legislator has taken steps to make it easier for them to live among Polish society. The legislativee action resulted in the issuance of the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with the armed conflict on the territory of that country. One of its provisions is the suspension, currently until 30 September 2025, of the deadlines for resolving matters indicated in art. 100d of this Act. Due to the use, by the legislator, of the concept of “foreigner” in the indicated article, the relevant officers interpret it broadly, often not taking any action in the case since April 2022. However, the response of administrative courts is not uniform. Some of them support a narrow interpretation of the concept of “foreigner” in art. 100d of the indicated act, due to its extraordinary nature, while others, such as the Voivodship Administrative Court in Bydgoszcz, support the position of the relevant offices. The aim of the article is to analyse selected examples of the application of art. 100d of the indicated act by offices and provincial courts and to take a position on the justification or lack thereof in the application of the indicated provision.

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