Legal Responses in the Area of Migration Security after 2015 Migration Crisis in Italy, Germany and Poland. Whose Security Does National Law Protect: Migrants or Citizens?

Abstract

The aim of the article is to analyze the changes introduced recently (2018–2019) in the national migration law of the selected Member States: Italy, Poland and Germany and to examine whether there exist guarantees of the right to migration security and guarantees for the realization of the principle of migration security priority at the level of national legislation. The second problem under investigation concerns the fact whether the changes introduced in the legislation recently ensure a higher level of migration security in comparison with the previous regulations. Finally, the analysis carried out in the current article is intended to demonstrate whether national law protects the rights of migrants and the receiving society in equal measure or whether certain fundamental rights which migrants are entitled to are at risk of being derogated due to the necessity of providing security to migration processes and the protection of the receiving society. The paper analyzes in detail the legislative initiatives and amendments introduced in migration and refugee law in Germany, Italy and Poland. What is more, the author gathers and analyzes the most representative national case law concerning the asylum and return migration.