The Polish–Belarusian Border Crisis and the (Lack of) European Union Response

Abstract

This article addresses the migration crisis on the Polish–Belarusian border. The authors believe that the actions of the Polish authorities violated the requirements set by human rights standards, including the obligations arising from Poland’s membership of the EU and the Council of Europe. This is confirmed not only by legal doctrine and the reports of non-governmental organisations, present on the ground despite all the restrictions, but also by interim-measure orders issued by the ECtHR against the Polish government. In the first part of the text, the authors summarise the situation, recalling the most important events that took place on the Polish–Belarusian border. The second part discusses the most important obligations of the EU arising both from the treaties creating it and also from the secondary legislation adopted on their basis. The juxtaposition of the EU’s actual response and the obligations written on paper may lead to the conclusion that the EU’s actions are insufficient under EU law. Relying on the texts of legal acts and other available information, the authors argue that the EU’s actions, in a certain amount of compromise with political interests, even detract from its credibility as an organisation that also aims to protect human rights externally.

How do states challenge international regimes? The case study of Poland and the international refugee regime.

“…What is significant though, is the fact that while the EU institutions have largely criticised Poland's authorities after the refusal to implement the solidarity clauses of the Council decisions reacting to the 2015-2016 migration pressure, the Polish-Belarusian border crisis has been passing without a coherent negative reaction from the EU institutions so far (with the Commission not being outspokenly critical about the actions of the Polish authorities, contrary to the views expressed by the European Parliament) (European Parliament, 2021;Bodnar & Grzelak, 2023). As Grześkowiak (2022, p. 21) contends, even though the amendments in domestic legislation were a clear breach of the EU law, "the European Commission remained predominantly passive when confronted with legitimate reports pointing to abuse.…”

“…With the new regulation, the Border Guard was allowed to return individuals who were not legally eligible to be present on the territory of Poland. That amendment was largely criticised as unlawful and in breach of the Polish constitutional provisions (Amnesty International, 2022;Bodnar & Grzelak, 2023). Nevertheless, the government initiated a new legislation amending the law on aliens and other laws.…”

Uprooting and Borders: The Digital Architecture of the Ukrainian Refugee Crisis

“…While the Polish government has been welcoming Ukrainian refugees, it has continued to use its military and intelligence power to deter victims of other wars, such as those from Syria and Afghanistan, who remain trapped at the Belarus-Polish border [24]. From imposing no-go zones around that 'other' border so that media and activists have no access to information, to aggressive campaigns on state media that present those seeking refuge there as merely male, non-white, and threatening migrants [25], the Polish government fundamentally divides those seeking refuge into 'good refugees' and 'bad migrants'; yet even this distinction is not a simple or consistent one.…”