MIL-OSI Europe: Written question – Polish law to temporarily suspend the right to asylum – E-001017/2025

Question for written answer  E-001017/2025
to the Commission
Rule 144
Tineke Strik (Verts/ALE)

On 21 February 2025, the Polish Sejm adopted legislation[1] that enables the Ministry of the Interior to temporarily suspend the right to asylum at (parts of) its external borders for up to 60 days, since it identifies migrants arriving at its borders to be part of ‘instrumentalisation’ by non-EU country actors. Moreover, the new law enables periods of suspension beyond 60 days subject to parliamentary approval.

• 1.The UN Refugee Agency (UNHCR) has analysed[2] the law and found inconsistencies with Poland’s obligations under the 1951 Refugee Convention. Has the Commission reviewed the legislation and is it prepared to share the results with Parliament?
• 2.What is the Commission’s appreciation of the Polish legislation and its compliance with international and EU legal obligations for Member States to uphold the right to asylum, the principle of non-refoulement and the prohibition of collective expulsion, as enshrined in Articles 18 and 19 of the Charter of Fundamental Rights and the EU asylum and Schengen acquis?
• 3.What action will the Commission take, as guardian of the Treaties, to enforce Poland’s compliance with EU law?

Submitted: 10.3.2025

• [1] https://orka.sejm.gov.pl/Druki10ka.nsf/0/BD1D81C1741E246AC1258C03004A7F5C/%24File/924.pdf.
• [2] UNHCR Comments and Observations on the draft law amending the Act on Granting Protection to Foreigners in the territory of the Republic of Poland, 12 December 2024.