1 October – 31 December 2023
The Institute of Justice in Warsaw, in cooperation with the Scientific Circle of Criminal Procedure at the Faculty of Law and Administration of Cardinal Stefan Wyszynski University in Warsaw, was proud to organize a competition for the best essay on the migration law. The event was organized within the framework of the Central European Professors’ Network 2023 research project, which is being implemented in the field of comparative law from January 1, 2023, with the active participation of experts from seven Central European countries (i.e. the Czech Republic, Croatia, Poland, Hungary, Serbia, Slovakia, Slovenia).
The idea for the event was conceived by dr hab. Marcin Wielec, prof. UKSW – Director of the Institute of Justice, head of the „Migration” Professorial Group operating within the Central European Professors’ Network 2023 research project, as well as Vice Dean for Student Affairs at Cardinal Stefan Wyszynski University in Warsaw and Head of the Department of Criminal Procedure.
The competition was aimed at students coming from countries participating in Central European Professors’ Network 2023 research project.
The competition was announced on October 1, 2023. Participants had the opportunity to submit entries through a special form between October 1 and December 31, 2023. Instructions and guidelines were made available on the website of the Institute of Justice in Warsaw. The course of the competition was governed by regulations established by the Director of the Institute of Justice in Warsaw, which specified the formal requirements, the procedure and all legal issues.
According to the regulations, contest entries had to address the following thematic areas related to the right to privacy:
- International migration law
- Criminal law aspects of migration law
- Legal-legal aspects of migration law
- Legal-administrative aspects of migration law
- Contemporary challenges of humanitarian law
- Migration law and refugee law
- Comparative migration law
- Legal protection authorities and the phenomenon of migration
- Jurisprudence of the European Court of Human Rights on migration law
- Case law of the Court of Justice of the European Union on migration law
- The institution of asylum in national and international law
- Axiological aspects of migration law
- Migration law from an interdisciplinary perspective
- Constitutional foundations of migration law
- Migration law and modern technologies.
In addition, the work had to meet the following formal and editorial criteria:
- It should be written in English;
- Length: 2-9 pages long;
- Line spacing: 1.5;
- Font: Times New Romans 12;
- Standard paragraphs.
The competition was a great success. It attracted many entries discussing the migration law from different perspectives. Participants discussed migration law from both international, constitutional, criminal law, legal and administrative law perspectives. Of particular interest were the legal comparative works, as well as those discussing domestic solutions and providing de lege ferenda conclusions.
The Competition Jury, composed of Professor Marcin Wielec, Professor Paweł Sobczyk and PhD Bartłomiej Oręziak, did not have an easy task. After lengthy discussions, it decided to award as many as five competition entries.
The Competition Jury assessed the Essays in terms of the following aspects:
a) interpretation of the subject matter;
b) cohesion and consistency of text;
c) substance;
d) coherence of the argument line.
The classification was as follows:
I place – Damian Grabski (Adam Mickiewicz University in Poznań): ‘The institution of asylum in domestic and international law’
Selected excerpt from the essay: “As a general principle, comparing international and national regulations, one can conclude that they are identical insofar as they guarantee the right to asylum. It is essential to emphasize that this right, being of great importance, should be incorporated into the legislation of all democratic countries. By doing so, it ensures the possibility of avoiding oppression that an individual might face if they were to remain in their country of residence. Asylum is granted on the basis of the state’s discretionary recognition. It is considered a peaceful and humanitarian act, and for this reason, it cannot be deemed an aggressive or unfriendly act towards another state. Importantly, it should be recognized by the entire international community. The guarantees that this right provides are very significant. They allow for the saving of lives in situations where they are threatened due to political persecution. For this reason, it should be included in legislation at both the international and national levels.”
II place ex aequo – Wanda Sielewicz (University of Warsaw): ‘Comparative analysis of the right to family reunification in France and USA’
Selected excerpt from the essay: “It should be noted that immigration policy can change over time. The most current information regarding the immigration policies of the United States and France, including changes implemented by successive administrations, shows that under the leadership of Emmanuel Macron, France is moving towards a radicalization of its laws („Have we been submerged by immigration? No. Claiming this is false. That being said, the known situation cannot be sustained, and we must significantly restrict immigration, starting with illegal immigration. We have an obligation to (achieve) results,” said Macron). On the other hand, the United States is moving in the opposite direction, undergoing liberalization under President Biden, and also aligning ideologically with former U.S. President John F. Kennedy, who thought about immigration as follows: „Immigration policy should be generous; it should be fair; it should be flexible. With such a policy, we can turn to the world and to our own past with clean hands and a clear conscience”.”
II place ex aequo – Sylwia Rudzka (European School of Law and Administration in Warsaw): ‘Quebec’s Immigration Odyssey: A Historical Mosaic of Societal Evolution and Policy Dynamics’
Selected excerpt from the essay: “However, to achieve a comprehensive and holistic understanding, the historical trajectory of immigration within Quebec must traverse back to its seminal migratory waves, marking the arrival and settlement of communities now classified under the overarching term „Indigenous.” The secondary query, stemming from the preponderance of immigration within the Montreal region, solicits a rationale for the broader inclusion of Quebec in the discourse. The rationale is inherently political, as while Montreal historically constituted the epicenter for immigration, the purview of immigration policies extends across both federal and provincial jurisdictions. Emerging organically from the aforementioned, the tertiary inquiry accentuates the necessity for discernment and categorization in this synthetic endeavor. Immigration, inherently entwined with territorial control, prompts the delineation into seven distinct periods, encapsulating pivotal shifts in the fabric of Quebec’s immigration landscape.”
III place ex aeuqo – Wiktoria Gajewicz (University of Opole): ‘Techie Migrations: Bytes and Rights in Immigration Law’s Digital Makeover’
Selected excerpt from the essay: “Furthermore, while technology can significantly aid in the practice of law, it cannot replace the nuanced understanding and empathy that human lawyers bring to their clients. The role of technology should be seen as a complement to, not a substitute for, the personalized and culturally sensitive services that clients require. As we look to the future, it’s clear that technology will continue to play a vital role in immigration law. However, it’s up to the legal practitioners to harness these tools responsibly, ensuring that they enhance the practice of law while upholding the highest ethical standards and cultural sensitivities. By doing so, the legal profession can ensure that the benefits of technological advancements are realized in a manner that is fair, equitable, and just for all involved.”
III place ex aeuqo – Weronika Baran (University of Cardinal Stefan Wyszynski in Warsaw): ‘Migration Law and Refugee Law’
Selected excerpt from the essay: “Migration, de facto, does not have a universally accepted definition and encompasses many aspects. People migrate, meaning they change their country of residence, for various reasons, to and from all regions of the world. Rights and obligations arising from migration law in Poland shape the relations between the state and migrants and influence social, economic, and cultural aspects. Discussing the general outline of migrant rights in Poland, it is necessary to start with the right to entry and the right to stay. Foreigners crossing the border to enter the territory of the Republic of Poland, and thus for long-term stays (meaning a period exceeding 90 days), are obligated to justify the purpose and conditions of their planned stay. They must possess and present upon request: a) a valid travel document, b) a long-term visa or residence permit issued by Polish authorities, and c) a document confirming possession of health insurance. The foreigner is required to leave the territory of the Republic of Poland before the expiration of the authorized stay period, whether under visa-free movement or the period specified in the visa or residence permit. Civil and political rights protect individuals, including migrants, from infringements by governments, non-governmental organizations, and private individuals. They ensure the opportunity to participate in social and political life without discrimination or repression. Civil rights also include the right to life, freedom from torture and other forms of ill-treatment, freedom of conscience and religion, the right to participate in political life, and access to information. Besides the right to freedom of movement and human rights protection, an essential aspect is employment. For a foreigner to legally work in Poland based on a work permit or declaration, they must have a residence permit that allows them to work in the country. Foreigners holding a work permit are entitled to work in the territory of the Republic of Poland if they are in Poland on the basis of a visa, a submitted application, or an entry stamp placed in their travel document, confirming the submission of an application for a long-term resident permit of the European Union. This applies if, immediately before submitting the application, they were authorized to work in the territory of the Republic of Poland or within visa-free movement.”
A year ago, the competition for the best essay on the right to privacy was won by Luka Vitamavs from Slovenia (University of Ljubljana).
The formal announcement of the results was made on January 5th 2024, via the Youtube platform. Dr hab. Marcin Wielec, prof. UKSW, said a few words about the idea of the competition and congratulated the winner. The winner will receive a set of prizes and a certificate signed by the Director of the Institute of Justice.
