Urgency in matters concerning Polish citizenship
Deadlines in matters concerning Polish citizenship
The provisions of the Code of Administrative Procedure of 1960 impose on public administration bodies the obligation to handle matters without undue delay. In accordance with general regulations, matters requiring explanatory proceedings should be handled within one month, particularly complicated matters – within two months of initiating the proceedings, and appeal cases – within one month of receiving the appeal by the appeal body.
The above deadlines apply to matters concerning confirmation of Polish citizenship, because for this category of matters the Citizenship Act does not contain separate regulations on deadlines.
In matters concerning recognition as a Polish citizen, the deadline for handling the matter should be increased by the 30-day deadline set by the Citizenship Act for bodies (including the Provincial Police Commander or the Director of the Internal Security Agency Delegation) to provide the governor with information on whether the acquisition of Polish citizenship by a foreigner does not constitute a threat to the defence or security of the state or the protection of public safety and order.
In the case of cases concerning the granting of Polish citizenship by the President of the Republic of Poland, the Citizenship Act also indicates deadlines for the response by the authorities to which the Minister responsible for internal affairs or the President of the Republic of Poland submits an inquiry, however, it should be remembered that the procedure for granting citizenship by the President of the Republic of Poland is characterized by less formality and that the President of the Republic of Poland is not bound by the deadlines provided for other authorities when considering the application submitted to him.
What if the deadlines are exceeded?
In the event that the body conducting the proceedings is unable to resolve the case within the deadline provided for by law (also for reasons beyond its control), it is obliged to indicate a new deadline for resolving the case and instruct the party on the right to file a reminder.
This right is granted to the party in two cases:
- 1) Inaction - when the body does not resolve the case within the deadline specified in the regulations (a binary concept),
- 2) Delay - when the proceedings are conducted longer than necessary to resolve the case (a more evaluative concept).
When filing a reminder, the party should justify it, and therefore demonstrate that the body has been inactive or protracted.
A reminder in a case for confirmation of Polish citizenship or recognition as a Polish citizen is filed with the minister through the governor examining the case. The governor is obliged to forward the reminder to the minister within 7 days of receiving it, together with a statement on its content.
The minister's review of the reminder ends with the issuance of a decision in which he indicates whether the body examining the case has been inactive or has been conducting the proceedings in a protracted manner, stating at the same time whether it has been conducted in gross violation of the law. Furthermore, in the event of finding inactive or protracted proceedings, the minister firstly - obliges the body examining the case to deal with the case, setting a deadline for its resolution if the proceedings are not completed, and secondly - orders the explanation of the reasons and identification of the persons guilty of inactivity or protractedness, and if necessary, also to take measures to prevent inactivity or protractedness in the future.
A reminder in matters of appeal against a decision on Polish citizenship is submitted directly to the Minister. In the event of inaction or delay, the Minister shall immediately deal with the matter and order an explanation of the reasons and identification of the persons guilty of inaction or delay, and, if necessary, also to take measures to prevent inaction or delay in the future.
