NOTE !
text translated automatically from the Polish version
Military service in a foreign army
Judgments of courts:
- the NTA judgment of 22 April 1928, L.Rej. 3771/25, TSO VII 502
The concept of military service should be interpreted in accordance with the provisions of Polish law currently in force.
- II OSK 1988/09 - Judgment of the Supreme Administrative Court in Warsaw
Target and systematic interpretation of art. 11 point 2 of the Act of 1920 on the citizenship of the Polish State in connection with the Act of 1938 on universal military duty entitles you to the conclusion that the loss of Polish citizenship also occurred in the case of forced service in a foreign army, resulting from the voluntary acquisition of citizenship of a foreign state .
- V SA / Wa 2218/10 - Judgment of the Provincial Administrative Court in Warsaw
People who were against the will or under duress written on the German national list did not lose their Polish citizenship.
- II OSK 609/10 - Judgment of the Supreme Administrative Court in Warsaw
The voluntary acceptance by the applicant's father of Israeli citizenship determines the voluntary entry to military service in Israel.
- II OSK 812/10 - Judgment of the Supreme Administrative Court in Warsaw
Joining any type of military service in a foreign country, including the reserve service, for which a Polish citizen did not receive the consent of the competent authority, resulted in the loss of Polish citizenship by virtue of the law.
- II OSK 746/10 - Judgment of the Supreme Administrative Court in Warsaw
Joining any type of military service in a foreign country, including the reserve service, for which a Polish citizen did not receive the consent of the competent authority, resulted in the loss of Polish citizenship by virtue of the law.
- II OSK 1245/10 - Judgment of the Supreme Administrative Court in Warsaw
Interpretation of the term "military service" within the meaning of art. 11.2 of the Act of 1920 on the citizenship of the Polish State should be made taking into account the provisions of Polish law regulating universal military duty (valid on the date of entering military service in a foreign state), however, stating that a person's military obligations in a state the third, in the form unknown to Polish law, does not exclude the possibility of determining the loss of citizenship
- II OSK 1776/10 - Judgment of the Supreme Administrative Court in Warsaw
While in the time of peace, service in a foreign army always resulted in the loss of Polish citizenship, regardless of the relation in which Poland remained to the state which the Polish citizen entered into military service, for example during the last war the uniqueness of the situation was to be taken into account.
- I OSK 1820/10 - Judgment of the Supreme Administrative Court in Warsaw
Interpretation of the term "military service" within the meaning of art. 11 point 2 of the Act of 1920 on the citizenship of the Polish State should be made taking into account the provisions of Polish law regulating universal military duty (valid on the date of entering military service in a foreign state), however, stating that a person's military obligations in a state the third, in the form unknown to Polish law, does not exclude the possibility of determining the loss of citizenship.
- II OSK 1777/10 - Judgment of the Supreme Administrative Court in Warsaw
Interpretation of the term "military service" within the meaning of art. 11 point 2 of the Act of 1920 on the citizenship of the Polish State should be made taking into account the provisions of Polish law governing the general military duty in force on the date of entering military service in a foreign state, with the reservation that the person's military duty in a third country in a form unknown to Polish law does not exclude the possibility of finding a loss of citizenship.
- II OSK 97/11 - Judgment of the Supreme Administrative Court in Warsaw
The certificate from the army of Israel must have been from the beginning of period of stay and not for the chosen period.
- II OSK 74/11 - Judgment of the Supreme Administrative Court in Warsaw
The war veteran is no longer subject to military service and thus loses Polish citizenship when acquiring a stranger.
- II OSK 162/11 - Judgment of the Supreme Administrative Court in Warsaw
The service in the Red Army until 1946 did not result in the loss of citizenship if there were no grounds to establish that the Applicant could cease performing military service in the Soviet army.
- II OSK 2067/10 - Judgment of the Supreme Administrative Court in Warsaw
Forced service in the army of the Third Reich during the Second World War did not result in the loss of Polish citizenship if it was compulsory.
- II OSK 2542/10 - Judgment of the Supreme Administrative Court in Warsaw
The reserve is also a military service - since 2007, the change of the jurisprudence line.
- II OSK 844/11 - Judgment of the Supreme Administrative Court in Warsaw
The obligatory reserve service in the Defense Forces of Israel resulted in the loss of Polish citizenship.
- II OSK 1385/11 - Judgment of the Supreme Administrative Court in Warsaw
Serving in reserve in Israel is a loss of citizenship
- II OSK 1619/11, Determining the loss of Polish citizenship. - Judgment of the Supreme Administrative Court in Warsaw
Due to the special situation of World War II, one may wonder whether in January 1948, the less-than-17-year-old Z. W. 3 years of study in the technical school of the British Army "A." in C., it could cause the loss of Polish citizenship until 18 January 1951.
- II OSK 1778/11 Judgment of the Supreme Administrative Court in Warsaw of October 11, 2012.
Interpretation of the term "military service" within the meaning of art. 11 point 2 of the Act of 1920 on the citizenship of the Polish State, it is necessary to take into account the provisions of Polish law governing the general military duty, in force on the date of entering military service in a foreign state.
- II OSK 1178/12 - Judgment of the Supreme Administrative Court in Warsaw
Only military service of its own will (eg by adopting foreign citizenship) resulted in the loss of ob. Polish after the government of the Act of 1920
One year from the date of entry into force of the Convention of January 21, 1958 between the Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics regarding the regulation of citizenship of persons with dual citizenship (Journal of Laws No. 32, item 143). expired on May 9, 1959. - II OSK 2040/12 - Judgment of the Supreme Administrative Court in Warsaw
Under the Act of 9 April 1938 on Universal Military Obligation (Journal of Laws No. 25, item 220, as amended), which was in force until May 29, 1950, after the man's 60th birthday, the acquisition of foreign citizenship caused loss of ob. Polish.
- II OSK 1292/14 - Judgment of the Supreme Administrative Court in Warsaw
Only the competent authority could relieve from the obligation to undergo military service.
- II OSK 1417/13 Judgment of the Supreme Administrative Court in Warsaw
Loss of Polish citizenship by joining military service in a foreign state - the scope of the concept. - Judgment of the Supreme Administrative Court in Warsaw.
- IV SA / Wa 536/15 - Judgment of the Provincial Administrative Court in Warsaw
The court ruled that although under the rule of the Act of 1920, the acquisition of foreign citizenship after being released from military service resulted in the loss of Polish citizenship, but it is always necessary to check thoroughly whether the release from military service came from the appropriate authority.
- II OSK 2586/13 - Judgment of the Supreme Administrative Court in Warsaw
The court confirmed that the reserve military service in Israel resulted in the loss of Polish citizenship under the 1920 law.
- II OSK 2737/15 - Judgment of the Supreme Administrative Court in Warsaw
In the following decision, the NSA stated that, as a general rule, the release from military service under the 1920 Act was in accordance with a specific procedure ended with the issuing of an appropriate document, but if the general circumstances indicate that someone released such a certificate, you can refuse to certify Polish citizenship even if the relevant document will not be found.
- II OSK 2838/15 - Judgment of the Supreme Administrative Court in Warsaw
Consul of the Republic of Poland in T.- as a competent body in matters related to the enforcement of military duty by Polish citizens residing outside the Republic of Poland
- II OSK 2052/13 - Judgment of the Supreme Administrative Court in Warsaw
Under the Citizenship Act of 1920 and the Act of 9 April 1938 on universal military duty, the completion by a man who had previously acquired foreign citizenship, age 60, resulted in the loss of Polish citizenship on January 1 of the following calendar year.
- II OSK 633/10 - Judgment of the Supreme Administrative Court in Warsaw
Two certificates from the military authorities, which showed that the applicant's father, according to a computerized and traditional list, was not appointed to serve in the Israeli Armed Forces, are inadequate as they do not document the course of military service, the type of service and its duration.
- II OSK 1700/09 - Judgment of the Supreme Administrative Court in Warsaw
Joining any type of military service in a foreign country, including the reserve service, for which a Polish citizen did not receive the consent of the competent authority, resulted in the loss of Polish citizenship by virtue of the law.
- II OSK 1592/09 - Judgment of the Supreme Administrative Court in Warsaw
Concepts formulated in the provision of art. 11 point 2 of the Act of 1920 on the citizenship of the Polish State, including the concept of "military service" should be assessed on the basis of Polish law, and the legal regulations of another state should only be taken into account in a situation where it is impossible to determine the nature of obligations unknown Polish law.
- II OSK 216/10 - Judgment of the Supreme Administrative Court in Warsaw
Joining the reserve forces of Israel resulted in the loss of citizenship.
- II OSK 1846/09 - Judgment of the Supreme Administrative Court in Warsaw
Joining every type of service in the province in a foreign country, including the reserve service, for which a Polish citizen did not receive the consent of the competent authority, resulted in the loss of Polish citizenship by virtue of the law.
- IV SA / Wa 2533/17 - Judgment of the Provincial Administrative Court in Warsaw
The consent of the military authorities to travel abroad was not equivalent to the exemption from the obligation to perform military service.