Obywatelskie prawo do opieki ze strony Rzeczypospolitej Polskiej podczas pobytu za granicą (na europejskim tle porównawczym)

Abstrakt

The Constitution of the Republic of Poland of 1997 guarantees Polish citizens the right to protection by the Republic of Poland during their stay abroad. In the comments to this norm, the view prevails that it creates (in art. 36) a new citizens’ subjective right which has constitutional status and, similarly to other constitutional rights, is subject to judicial protection. It is worth emphasizing that the regulation contained in art. 36 of the Constitution of 1997 refers (to some extent) to the content of art. 89 of the Constitution of the Polish People’s Republic in the wording given to it in the course of the amendment of 1976. While pointing out this circumstance as justification for the thesis that it has been traditionally accepted that the Polish state shall protect its citizens staying abroad, it should be emphasized that the earlier regulation was treated more as a directional directive for the actions of the state and its organs, rather than as a constitutional basis for a separate civil subjective.