The undermined role of (domestic) case law in shaping the practice of admitting asylum seekers in Poland

Abstract

The aim of this paper is to explain the observably weak role of domestic case law in shaping access to the asylum procedure at Poland's eastern border. It also addresses the lack of influence of the European Court of Human Rights in safeguarding forced migrants' right to apply for asylum in Poland. The assessment of the case law impacts the complex reality of asylum seekers trying to enter Polish territory multiple times and apply for international protection and is based on analyses of both legal sources (court rulings and relevant legislation) and sociological material (experts' opinions and statistical data). The conclusions drawn from this study indicate that the administrative body responsible for border checks and receiving asylum applications does not comply with domestic and international case law. Moreover, this takes place with governmental support and acceptance. Non-compliance stems from anti-refugee sentiments that spread through public debate in a post-2015 migratory context in Poland, portraying forced migrants as a threat to security and social cohesion. This coincided with the progressive crisis of the rule of law in Poland, which has affected the way administrative bodies supported by the government respond to and interpret administrative judgments.