Equality of arms? Use of classified information in return cases in Poland

Wednesday, April 26, 2017


Return decisions should generally include factually based information on why the decision is being issued. However, under the Return Directive justification of the decision can be limited for reasons of national security (Article 12(1) second sentence). The information contained in such a decision is often provided by the intelligence services of the state and therefore protected by the law. The problem arises when factually based information is not...