NOTE !
text translated automatically from the Polish version
Recognition as a Polish citizen
Judgments of courts:
- Judgment of the Supreme Administrative Court (until 2003.12.31) in Warsaw of 23 September 2002 V SA 2721/01
The provisions of the Act of 8 January 1951 on Polish citizenship (Journal of Laws of 1951 No. 4, item 25), and in particular Art. 3 of that Act, according to which the competent authority could recognise as Polish citizens persons who, on the date of entry into force of the Act, did not meet the conditions for acquiring citizenship by operation of law and had resided in Poland at least since 9 May 1945, unless they came to Poland as foreigners of a specific nationality and were treated in Poland as foreigners. Recognition as a Polish citizen was not dependent on the submission of an application by the interested person, could be made ex officio, and moreover did not extend to minor children of the recognised person. It was pointed out that in practice, recognition as a Polish citizen ex officio was applied to persons permanently residing in Poland in the interwar period and previously enjoying the status of a Polish citizen, who could rely on the fact of having foreign citizenship, e.g. by virtue of being born in the territory of a foreign country, but were not treated by the Polish authorities as foreigners before the date of entry into force of the Act of 1951, i.e. they enjoyed the rights of Polish citizens.
Recognition as a Polish citizen, meeting the conditions specified in art. 3 of the cited Act, was not dependent on the submission of an application by the interested person, while the act of recognition in question from 1951 concerns only the person of Stanisław M. and did not extend to his minor children. This means that the decision at that time did not introduce any changes to the citizenship status of the minor complainant at that time. Such changes in the current citizenship status of the complainant would also not be caused by a possible decision declaring the invalidity of the act of recognition in question.
- Supreme Court decision of 29 November 1956 III KO 68/56
Recognition as a Polish citizen pursuant to art. 3 of the Act of 8 January 1951 on Polish citizenship (Journal of Laws No. 4, item 25) shall not produce legal effects if this recognition has not been communicated to the interested person in the manner prescribed by law.