Jurisdiction

Procedural matters in the Act of 1951

Judgments of courts:

1. Judgment of the Supreme Administrative Court of 12 November 2015, II OSK 616/14

   It is necessary to distinguish between the formal conditions of the application and the substantive elements constituting confirmation of the substantive premises for granting or confirming a specific right of the applicant. The assessment of the fulfilment of the substantive requirements of the application should be made already during the substantive consideration of the case, otherwise the stage of considering the case would move to the phase of initiating the proceedings, and leaving it without consideration would replace the substantive decision in the case.

2. Judgment of the Supreme Court of 19 November 1956, 2 CR 898/56

   …
   In the absence of consent of one of the parents who is a Polish citizen to change the citizenship of the children, the decision as to the citizenship of these children by the court, provided for in Art. 11 sec. 3 of the Act of 8 January 1951 on Polish Citizenship (Journal of Laws No. 4, item 25), should take place before the other parent obtains permission to change citizenship.