Best prices Special offers for members of the PWE book club The cheapest delivery
Dr Izabela Florczak
ORCID: 0000-0003-3167-3382
Dr Izabela Florczak, Doctor of Law, legal adviser, assistant professor at the University of Łódź in the Department of Labour Law, Chair of Social Insurance Law and Social Policy; Co-founder and Co-coordinator of the Polish Scientific Network on Labour Law and Social Security COOPERANTE; Deputy Manager of the Centre for Migration Studies at the University of Łódź; legal advisor; Head of Employment Immigration Desk in a law firm. Author of publications on employment law,
DOI: 10.33226/0032-6186.2022.4.1
JEL: J08, J58, J61, O15

Poland does not currently have a document that would regulate the assumptions of the national migration policy in a compact, coherent and comprehensive manner. Such a document should cover various areas of the functioning of the country. A very important part of it, especially in the current economic reality, should be the determination of regulatory directions for the labour market policy regulating the employment of foreigners. This does not mean, however, that Poland has never had a consolidated migration policy or that work on preparing such a document is not carried out. In 2016, the document — Migration Policy of Poland — current state and postulated actions [Polityka migracyjna Polski — stan obecny i postulowane działania] of 2012 was annulled. Recently, several documents of such importance have appeared, prepared either as part of public administration activities or grassroots initiatives. Despite the possibility to classify tchem only as projects or postulates, it should be definitely acknowledged that their content reflects both social and political trends, and therefore constitutes an important point of reference in research on migration-related phenomena. The increase of foreigners' presence on the domestic labour market is an undeniable phenomenon and its further development can be considered certain. For this reason, any legislative actions affecting the access of foreigners to the domestic labour market should be considered a socially important issue. This is because they are a reflection of the legislators’ will to regulate access of foreigners to the labour market. The subject of the study will be the examination of the existing legal regulations on access of foreigners to the Polish labour market in order to determine whether, and if so to what extent, they constitute a normatively coherent picture of the residua migration policy. Confronting the established legal state with possible directions of its development will allow to build de lege ferenda postulates in the aspect of migration policy concerning the labour market. Study focuses on those legal aspects of the migration policy concentrated on the labour market that do not seem obvious. Additionally, examples based on changes in the law effective January 29, 2022 will be described.

Keywords: migration policy; labour market; employment
DOI: 10.33226/0032-6186.2021.11.7
JEL: K31

Migration phenomena are currently one of the greatest socio-political challenges. They affect a number of interconnected spheres of individual functioning in specific legal realities. The aim of the article is to discuss the judgment of the Court of Justice of the European Union issued on 15 July 2021 in case C-709/20, which concerns the possibility of differentiating entitlements to social assistance on the basis of the status legalizing the stay of an entity. This judgment significantly alters the Court's line of jurisprudence to date in relation to the normative bases constituting the social protection of a migrant Union citizen.

Keywords: equal treatment; social assistance; citizenship of the Union; migration; Brexit

Dr Izabela Florczak, Doctor of Law, legal adviser, assistant professor at the University of Łódź in the Department of Labour Law, Chair of Social Insurance Law and Social Policy; Co-founder and Co-coordinator of the Polish Scientific Network on Labour Law and Social Security COOPERANTE; Deputy Manager of the Centre for Migration Studies at the University of Łódź; legal advisor; Head of Employment Immigration Desk in a law firm. Author of publications on employment law, labour law, labour migration.