Konstytucyjne prawo obywatela RP do opieki dyplomatycznej i konsularnej – kilka uwag na tle art. 36 Ustawy Zasadniczej
- Institution: Uniwersytet Jagielloński
- ORCID: https://orcid.org/0000-0002-7439-7165
- Year of publication: 2019
- Source: Show
- Pages: 208-226
- DOI Address: https://doi.org/10.15804/ppk.2019.01.11
- PDF: ppk/47/ppk4711.pdf
Constitutional right of a Polish citizen for diplomatic and consular protection – a few remarks in the light of art. 36 of the Polish Constitution
The Constitution of the Republic of Poland provides for Polish citizens the right to diplomatic and consular protection, which may be implemented during their stay abroad. The article draws attention to the need to interpret the provision of the Constitution of the Republic of Poland, taking into account the regulations of international law. It also formulates the thesis that the current international relations of a political or economic nature have a significant influence on the manner of applying the discussed law. The rest of the article discusses the subject matter of art. 36 of the Constitution of the Republic of Poland and associates the right to care abroad with the institution of citizenship. The issues of the so-called abandonment of the citizen and the possibility of taking care of people who do not have Polish citizenship. The last part of the study is devoted to the issue of the content of the right to care. Attention was drawn to the indefinability of the concepts of diplomatic care and consular protection. What is also important there is the practical aspect, consisting in the virtually unlimited right of the state to represent its citizen abroad.