In this morning’s TOK FM broadcast (March 24), Prof. Marcin Wiącek, the Commissioner for Human Rights, commented on the amendment to the Act on granting protection to foreigners in Poland.
The Ombudsman stated that he had presented a comprehensive legal opinion to the Sejm, the Senate, and the President. His position remains clear: the law violates the Constitution and Poland’s international obligations.
According to the Constitution, the suspension of certain human rights, including the right to apply for refugee status, is only permissible under a state of emergency or martial law. However, the adopted legislation bypasses these provisions—effectively creating a quasi-state of emergency without democratic oversight.
Under this law, the government could issue a regulation suspending the right to asylum. Such a regulation would not be subject to review by the courts or the Constitutional Tribunal, raising serious legal and constitutional concerns.
When asked about the Ombudsman’s actions, Wiącek confirmed that he had also submitted his opinion to the President of Poland.
Meanwhile, the head of the President’s Office, Małgorzata Paprocka, told Polsat News that the President would make a decision within the constitutional deadline, considering the national interest. She also noted that this is a “very complex matter, also involving international law,” and assured that all voices and opinions submitted to the Office would be taken into account.
