This article examines the transposition of Directive 2001/55/EC on temporary protection in the event of a mass influx of displaced persons into the Polish legal system under the Act on Granting Protection to Foreigners in the Territory of the Republic of Poland. The main objective of the study is to assess the degree of compliance of the 2003 Polish Act on the Protection of Foreigners with the requirements of the Directive and to identify gaps and inconsistencies that emerged in connection with the mass influx of war refugees from Ukraine in 2022. The research hypothesis posits that despite the formal transposition of the Directive, Polish law did not – and still does not, based on this Act – ensure full harmonisation and effective protection for all foreigners. The enactment of the so-called “Ukrainian Special Act” in 2022 further marginalised the general temporary protection system in favour of a special regime dedicated exclusively to selected groups of displaced persons from Ukraine. The analysis employs comparative and dogmatic legal methods, based on purposive and systemic interpretation of legal provisions, as well as a review of relevant literature, statistical data and official documents. The discussion focuses on comparing the scope and practical application of the Directive and domestic law, with particular emphasis on the consequences of introducing Article 106(4) of the Act on the Protection of Foreigners and the 2022 Special Act. The findings highlight the need for legislative revision of the Polish regulations transposing the provisions of Directive 2001/55/EC, clarification of the criteria for a mass influx and ensuring equal treatment for all migrant groups covered by temporary protection.
Beata Samoraj-Charitonow (Mon,) studied this question.