Electronic Residence Document. Legal Nature, Application and Development Prospects

Abstract

This article addresses the issue of electronic residence documents for foreigners within the context of the digitisation of public administration, as well as the challenges associated with mass migration caused by crisis situations. The article aims to outline the concept of an electronic residence document, defining its legal nature and how it operates at the intersection of two levels: the practical, relating to the implementation and functioning of innovative solutions such as the Diia.pl document issued to Ukrainian citizens benefiting from temporary protection in Poland; and the theoretical, concerning the place of this instrument in the public law system. The first part of the article outlines the concept and characteristics of a residence document, considering the relevant provisions of Polish and EU law relating to foreigners. The subsequent sections focus on the political and legal context surrounding the introduction of Diia.pl. A special place in the analysis is given to the legal nature of the electronic Diia.pl document. The authors conclude that, apart from its electronic form, it differs in other respects from traditional residence documents issued to foreigners, and is therefore a sui generis residence document. The article also presents practical problems that were revealed during the implementation of the document. Nevertheless, the authors emphasise that, despite these challenges, Diia.pl is a solution that merits positive evaluation and could serve as a model for future initiatives within the EU. In the final part of the article, the authors draw conclusions and make recommendations regarding the potential development of electronic residence documents. They point out that, given current legal regulations, this instrument should be considered a special solution primarily intended for use in crisis situations. At the same time, they highlight the need to establish legal and technical standards for electronic residence documents to ensure the security and recognition of such documents in legal transactions while guaranteeing the protection of individual rights.