Ineffective RPO calls

Organisations NGOs and humanitarians hoped that the democratic camp would no longer agree to exports in Polish law (which is interesting, they stay illegal in global law). The Ombudsman frequently advocated this — he made further appeals to the Law and Justice Government, and he did so again in December 2023, after the fresh cabinet was sworn in.

Legalisation of exports

The Ombudsman and human rights organisations consider that the 2 solutions of the Law and Justice Government — the amendment of the Regulation of 13 March 2020 (known as the Regulation of the Minister of Home Affairs and Administration of August 2021) and the amendment of the Foreigners Act of 2013 (the alleged Export Act of October 2021) — are contrary to EU law.

Regulations introduced into the Polish legal strategy by the right "legalised" (as OKO.press states, "the fresh law was contrary to higher order acts") the alleged "return of foreigners to the state border line just after the detention, without prior individualisation of their actual and legal situation" (quote for RPO). Thanks to the law introduced by the Laws, the Border defender could throw, export or push (often literally) foreigners behind the Belarusian side of the border under Polish law legally.

Why is that outrageous?

In December, the RPO stressed why it called for repeal of the rules: "In the course of the activities carried out, the Border defender does not evidence any individual data of foreigners, nor does it evidence information about their age, wellness or disability. It is not possible to verify whether persons returned to the border under the provisions of the Regulation did not actually declare their willingness to apply for global protection in the territory of the Republic of PolandIt’s okay. ” Let us add that the rule of non-refoulement in the Geneva Convention (in accordance with EU law) states that a foreigner must not be taken back abroad if he is in any danger abroad. And as you know, authoritarian, murderous Belarus does not belong to the category “safe country” And that's where the large problem arises...

‘Security does not exclude simple humanity“[citation needed]” says Donald Tusk, at the same time his government was peculiarly disappointed by the leftist because, in fact, in terms of action at the border with Belarus, he continued the policy of the Law and Justice.