Were the Lithuanian and Polish Responses to the Refugee Influx Legal or Illegal?

Abstract

Since the summer of 2021, the Baltic Sea states of Latvia, Lithuania and Poland have been facing an influx of refugees from the territory of Belarus. This migration is fully controlled by the Belarusian authorities. Refugees, coming mainly from Middle Eastern countries, are forced to cross the border with neighbouring EU countries. The aim of this article is therefore to present the legal responses of the Lithuanian and Polish authorities to this influx, to compare the solutions adopted and to critically analyse them. Both states decided to use constitutional measures in the form of states of emergency introduced on a part of their territory, and adopted a number of solutions in laws and regulations. Therefore, the article critically analyses the legal basis for the introduction of a state of emergency in both states. It also analyses the solutions adopted at the statutory level, which enable border services to use push-back. The legal regulations introduced are also compared with international and European Union law binding on both Lithuania and Poland. Therefore examples of violations of international law in the field of refugees’ rights to seek international protection are indicated.