Historical Heritage in Contemporary Polish Law Relating to Foreigners

The Polish diaspora living around the world is best described as an inheritance of the turbulent history of Poland. For decades, citizens of Polish origin from various states have been trying to maintain ties with their kin and country. During communist times, citizens of Eastern European countries (including the Soviet republics) could not enjoy free contacts across borders. Poland's accession to the European Union and Schengen area has created new barriers for third country nationals willing to come and stay in Poland. Therefore, any facilitation or exemption from visa requirements is very attractive for them. Legal instruments relating to foreigners which have recently been adopted in Poland affect the situation of Polish minorities and the rights of their members. The author reveals the historical roots of the legal solutions and indicates the specificity of Polish immigration law. First, she considers the historical background of the links between immigration law and minority rights, particularly in the area of economy, culture and education. She comes to the conclusion that well-constructed immigration provisions may be useful in filling gaps in the protection of minorities and that the new ways of acquisition of citizenship may to some extent compensate old harms and injustice.