<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Sanctions, including individual sanctions, relating to property usually apply with war conflicts. Their imposition by international subjects in domestic law raises the question of whether the Constitution of the Republic of Poland allows for the expropriation considered to be related to the attacking state, since, regardless of external circumstances, Poland remains a constitutional state which protected a property. In the article we argue that on the basis of the current Constitution of the Republic of Poland, it is not permissible to seizure the property of private entities considered to be related to the attacking state, under conditions analogous to the currently applied measures of targeted sanctions like freezing of assets. If the expropriaton were to take place, it would require an amendment to the Constitution of the Republic of Poland. In order to solve the research task, the dogmatic method and legal interpretation appropriate to the Polish science of constitutional law were used in the work.</p>
</abstract>

Sanctions, including individual sanctions, relating to property usually apply with war conflicts. Their imposition by international subjects in domestic law raises the question of whether the Constitution of the Republic of Poland allows for the expropriation considered to be related to the attacking state, since, regardless of external circumstances, Poland remains a constitutional state which protected a property. In the article we argue that on the basis of the current Constitution of the Republic of Poland, it is not permissible to seizure the property of private entities considered to be related to the attacking state, under conditions analogous to the currently applied measures of targeted sanctions like freezing of assets. If the expropriaton were to take place, it would require an amendment to the Constitution of the Republic of Poland. In order to solve the research task, the dogmatic method and legal interpretation appropriate to the Polish science of constitutional law were used in the work.

The Constitution of the Republic of Poland and confiscation of assets

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

{"article-title":"The Constitution of the Republic of Poland and confiscation of assets"}

Sanctions, including individual sanctions, relating to property usually apply with war conflicts. Their imposition by international subjects in domestic law...

The Constitution of the Republic of Poland and confiscation of assets

Published Online: Mar 11, 2023

Page range: 269 - 280

Received: Jul 17, 2022

Accepted: Sep 21, 2022

DOI: https://doi.org/10.15290/bsp.2023.28.01.15

Keywords
Constitution of Poland, legal sanctions, rule of law, seizure

© 2023 Mariusz Jabłoński et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Constitution of the Republic of Poland and confiscation of assets

Published Online: Mar 11, 2023

Page range: 269 - 280

Received: Jul 17, 2022

Accepted: Sep 21, 2022

DOI: https://doi.org/10.15290/bsp.2023.28.01.15

KeywordsConstitution of Poland, legal sanctions, rule of law, seizure

© 2023 Mariusz Jabłoński et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
Constitution of Poland, legal sanctions, rule of law, seizure