Postulates of Anti-Immigration Movements and the Compliance of the Local Law Acts Prohibiting the Accommodation of Foreigners on the Properties Constituting Municipal Assets with Polish Statutory Law

Abstract

Goal – The objective of this article is to examine the compatibility of draft local law resolutions introducing prohibitions on the accommodation of foreigners (migrants) on properties owned by municipalities with the binding provisions of the Polish law. Research methodology – The research methods employed in this article include an analysis of normative sources and the case law of Polish administrative courts. The analysis is further based on doctrinal studies addressing the principles of local lawmaking, particularly from the perspective of the rights and obligations of residents. Score/results – The article leads to the conclusion that it is impermissible to arbitrarily exclude, without statutory authorisation, foreigners (migrants) residing in a given municipality from the local community, and thus from the group of persons entitled to benefit from the municipality’s housing policies on an equal basis with other residents. Originality/value – The article has been prepared independently, relying primarily on binding statutory acts, judicial decisions, and the views of the Polish legal doctrine. The publication aims to contribute to the ongoing debate on the admissibility of adopting local legal measures that restrict the rights of foreigners as compared to other inhabitants of a given local government unit.