Czasowy zakaz przebywania w strefie nadgranicznej a kryzys humanitarny

Abstrakt

The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of a temporary ban on border zone and humanitarian crisis. Currently, we do not have a state of emergency, but it is entirely up to the goodwill of the minister to ensure that the proportionality of the restriction of rights is respected when imposing a stay ban. The ordinance on imposing a temporary ban on staying in a certain area undermines the constitutional mechanism for protecting human rights, preventing or hindering the weighing of principles when there is a collision between the protection of life, human health and other constitutional rights and public safety in the border sphere. The most dramatic situations involve making it impossible or difficult to save the lives and health of people who unlawfully cross the border and are under Polish law.