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The European Commission is in contact with the Polish authorities to assess the regulations suspending the right to apply for asylum and will continue discussions on their implementation, said Commission spokesperson Markus Lammert. On Thursday, a regulation on this matter came into force in Poland.
“The Commission is aware of the latest developments in Poland concerning the new law,” Lammert said, commenting on the entry into force of the Council of Ministers’ regulation on suspending the right to apply for asylum at the border with Belarus.
Earlier, the Commission had announced that it would assess the amendment to the law on granting protection to foreigners, which provides for the possibility of limiting the right to asylum after the legislative process is completed. President Andrzej Duda signed it on Wednesday, the same day the government adopted the regulation concerning the suspension of the right to asylum.
The Commission’s spokesperson stressed on Thursday that with regard to Poland, “the current context is crucial.” “There are hybrid threats arising from the use of migration as a weapon by Russia with support from Belarus. This threatens the sovereignty, national security, and territorial integrity of Poland, as well as the Union as a whole,” he said.
Lammert recalled that in December 2024, the Commission issued a communication that “provides the legal context under which extraordinary measures can be taken to combat this threat.” He added that these measures must be temporary, proportional, and justified.
Among the extraordinary measures allowed by the Commission’s December 2024 document to prevent Russia and Belarus from using migrants as a weapon is the suspension of the right to asylum.
Lammert was asked whether Poland’s suspension of the right to asylum could be considered a proportional measure given that, according to Frontex data, 962 people crossed the so-called eastern land border of the EU in January and February of this year. According to the Union’s external border protection agency’s data, the three largest national groups were Ukrainians, Russians, and Sudanese.
The spokesperson replied that the Commission would also discuss with Poland the implementation of the new law.
The Council of Ministers’ regulation introduces a restriction on the right to apply for international protection at the border with Belarus for a period of 60 days. This period may be extended for another maximum 60 days, upon consent granted by the Sejm.
The Border Guard, despite the restrictions, will be able to accept applications for international protection from unaccompanied minors, pregnant women, people who may require special treatment, especially due to their age or state of health.
An application may also be submitted by a person who, in the opinion of the Border Guard, “is at real risk of suffering serious harm in the country they directly came from” to Poland. (27.09.2025)