On 27 March 2025, the Prime Minister signed an Ordinance on the temporary suspension of the right to apply for international protection at the border with Belarus. The Ordinance entered into force on the same day and is in effect for another 60 days.
An Ordinance flawed?
Doubts arise, however, as to whether the signed Ordinance is not a defective law. The Ordinance clearly defines the scope of its validity, which is the state border with Belarus. The border is defined as the vertical surface passing through the border line (upwards – air and downwards – land). Interpreted literally, the Ordinance signed on 27 March applies only to this very narrow piece of land, but not to the border road (15 metres from the border) and especially not to the border zone (the entire area of the municipalities adjacent to the border and their neighbouring municipalities, when the municipalities directly adjacent to the border do not reach 15 km from the border).
Lines of change
Although the government’s action itself to counteract the hybrid war of Belarus and Russia against Poland should be considered a step in the right direction, the implementation leaves much to bedesired. Unfortunately, in its current legal state, the Ordinance may be ineffective or even defunct.
(images are sourced from Polish Border Guard videos available on YouTube)