Proceduralne i organizacyjne gwarancje w sprawach powrotów przymusowych obywateli państw trzecich jako ograniczenie swobody UE w reagowaniu na kryzys migracyjny

The basic purpose of the paper is to analyse EU regulations on the forced returns of third-country nationals in the context of procedural and organizational safeguards that the alien may invoke. However, the appropriate approach requires placing them in the broader framework of international norms, mainly adopted by the United Nations or enshrined by the European Convention on Human Rights. This perspective will allow us to answer whether the universal international standard of procedural and organizational protection in alien expulsion proceedings exists and whether its relation to this one is based on EU law. On the other hand, since we talk about procedural and institutional guarantees, comparing it with the general protection of these rights under art. 6 ECHR and 47 Charter of Fundamental Rights of UE is worth comparing. Such an approach will help understand how the level of protection in expulsion proceedings differs from the default European procedural and organizational standard. The fundamental question is whether the procedural guarantees envisaged by the EU law constitute a real obstacle to agile management by the EU member states with the immigration crises they were confronted with in 2015-2016.