A threat to the defense or security of the state or the protection of public safety and order
In the judgment of March 12, 2024 of the Supreme Administrative Court (II OSK 2262/23), he recalled that the case law assumes a wide scope of freedom when defining "a threat to the defense or security of the state or the protection of public safety and order. However, it is not necessary for events to occur, facts that exhaust the characteristics of these concepts are sufficient. According to the Supreme Administrative Court, a criminal conviction or the pendency of a criminal case concerning an applicant for citizenship are not necessary to assess the occurrence of negative conditions for recognition as a Polish citizen specified in Art. 31 point 2 of the Act on Polish Citizenship This means that public order does not have to be violated, it is sufficient that there is a threat to this order. The state has complete competence to determine who is its citizen, as well as the rules for acquiring and losing citizenship the concept that those who ensure the state of security for defense, state security and public order may belong to a group of Polish citizens upon request, not by birth. The cumulative understanding of the above-mentioned provisions of the Act on Polish Citizenship leads to the result that even if each of the conditions specified in Art. 30 of the Act on Polish Citizenship, a person applying for citizenship will not receive a positive decision if the acquisition of this right poses a threat to the values listed in Art. 31 point 2 of the Act. However, the above-mentioned Act does not define these concepts, which are general reference clauses and are an element of every legal order, and whose specific normative content is subject to decoding by the authorities applying them.
