Jurisdiction

Resolution of the Council of State No. 37/56 of 16 May 1956

Judgments of courts:

• Judgment of the Provincial Administrative Court in Warsaw of 1 July 2008 IV SA/Wa 781/08

  Resolution No. 37/56 of the Council of State of 16 May 1956 on the permission to change the Polish citizenship of German repatriates issued on the basis of Article 13(1) and (2) of the Act of 1951 on Polish citizenship, which provided for a general permission to change citizenship without the issuance of individual permits by the Council of State, cannot be treated as an act validating the lack of an individual permit in relation to the applicant applying for permission to change citizenship to the pursuant to Article 13(1) in conjunction with Article 16(1) of the 1962 Act on Polish Citizenship.

• Judgment of the Supreme Administrative Court of 25 July 2007, II OSK 1250/06

  Resolution No. 37/56 of the Council of State of 16 May 1956 was an act of applying the law. This resolution, as a general act of applying the law, did not have legal effects in relation to persons who, until the date of its adoption, had not applied for consent to change their Polish citizenship. It cannot be assumed that the permit can apply to applications that have not yet been submitted and be a general consent granted for the future.

• Judgment of the Provincial Administrative Court in Warsaw of 20 March 2007, IV SA/Wa 135/07

  The problem boils down to the assessment of whether Resolution No. 37/56 of the Council of State of 16 May 1956 on allowing German repatriates to change their Polish citizenship may be considered as a permit to change the applicant's citizenship with the effect of losing Polish citizenship. Referring to this resolution, the administrative authorities assumed that it was a general act of applying the law, adopted on the basis of Article 13(1) and (2) of the Act of 8 January 1951 on Polish Citizenship (Journal of Laws No. 4, item 25, as amended), also in force under the Polish Citizenship Act of 1962, which was binding on administrative bodies and constituted a permit to change Polish citizenship into citizenship of the Federal Republic of Germany both in relation to persons who have applied for permission to change their Polish citizenship and have left Poland, as well as in relation to persons who have applied for permission to change their Polish citizenship and leave Poland (the resolution of 16 May 1956 was repealed by Resolution No. 26/28 of the Council of State of 8 March 1984). In the judgment of the Supreme Administrative Court of 12 January 2006 II OSK 1131/05 and of 18 May 2006 ref. no. II OSK 1376/05, the Supreme Administrative Court, referring to the judgment of the Supreme Administrative Court of 14 October 2005 II OSK 267/05 (ONSA and WSA of 2006, Issue 2, item 66), in which the position was expressed that Resolution No. 5/58 of the Council of State of 23 January 1958 on allowing persons leaving for permanent residence in the State of Israel to change their Polish citizenship could not constitute a permit to change their Polish citizenship in relation to persons who had not applied for permission to change their citizenship until the date of its adoption, because it is impossible to speak of granting a permit to a person who did not apply for such a permit. It held that the above view remains valid with regard to Resolution No. 37/56 of the Council of State of 16 May 1956. In the opinion of the Supreme Administrative Court, which position is fully supported by the composition of the Court adjudicating in the present case, it cannot be assumed that the permit may apply to applications not yet submitted and be of the nature of a general consent granted for the future. Article 16 of the Polish Citizenship Act of 1962 clearly states that the sequence of events is as follows: first, the submission of an application by the person concerned to the competent authority, then the presentation of the application by the competent minister, and only then

• Judgment of the Supreme Administrative Court of 28 February 2007 II OSK 509/06

  Resolution No. 37/56 of the Council of State of 16 May 1956 (the resolution of 16 May 1956 was repealed by Resolution No. 26/84 of the Council of State of 8 March 1984). on the permit to change the Polish citizenship of German repatriates cannot be treated as a permit to change citizenship with the effect of losing Polish citizenship, because it cannot be considered that the permit could have applied for a person who, by the date of the resolution, had not applied for permission to change citizenship.

• Judgment of the Provincial Administrative Court in Warsaw of 26 February 2007, IV SA/Wa 2418/06

  The provisions of the 1962 Act did not provide for a delegation for the Council of State to issue a resolution regulating the issue of loss of Polish citizenship in a manner different from the statutory procedure. In view of the above, the Resolution of the Council of State No. 37/56 of 16 May 1956 on the permission to change the Polish citizenship of German repatriates issued on the basis of Article 13(1) and (2) of the Act of 8 January 1951 on Polish citizenship, which provided for a general permission to change citizenship without the issuance of individual permits by the Council of State, cannot be treated as an act validating the lack of an individual permit in relation to an applicant applying for permission to change citizenship on the basis of Article 13(1) in conjunction with Article 16(1) of the 1962 Act (see the judgment of the Supreme Administrative Court of 17 September 2001, file ref. III RN 50/01, OSNP 2002, No. 13, item 299).

• Judgment of the Provincial Administrative Court in Warsaw of 27 January 2006, IV SA/Wa 1341/05

  Therefore, the appellate body's view that Resolution No. 37/56 of the Council of State constitutes a special legal regulation which, regardless of the content of statutory regulations, regulates the institution of loss of Polish citizenship is erroneous. The resolution was issued as an executive act, invoking the statutory authorisation under Article 13(1) and (2) of the Act of 8 January 1951, and thus ended its legal existence on the date when the new Polish Citizenship Act of 15 February 1962 entered into force, in the absence of other regulations contained in the transitional provisions of the latter Act.

• Judgment of the Provincial Administrative Court in Warsaw of 23 January 2006, IV SA/Wa 1468/05

  Therefore, the view of the appellate body that the resolution of the Council of State No. 37/56 constitutes a special legal regulation which, regardless of the content of statutory regulations, regulates the institution of loss of Polish citizenship, is erroneous. The resolution was issued as an executive act, invoking the statutory authorisation under Article 13(1) and (2) of the Act of 8 January 1951, and thus ended its legal existence on the date when the new Polish Citizenship Act of 15 February 1962 entered into force, in the absence of other regulations contained in the transitional provisions of the latter Act.

• Judgment of the Supreme Administrative Court of 12 January 2006 II OSK 1131/05

  Resolution No. 37/56 of the Council of State of 16 May 1956 on allowing repatriates to change their Polish citizenship could not constitute a permit to change their Polish citizenship in relation to persons who had not applied for permission to change their citizenship until the date of its adoption, because it is impossible to speak of granting a permit to a person who did not apply for such a permit. It cannot be assumed that the permit may apply to applications that have not yet been submitted and be a general consent granted for the future

• Judgment of the Provincial Administrative Court in Warsaw of 10 January 2006 IV SA/Wa 544/05

  The interpretation of Article 16 of the 1962 Polish Citizenship Act indicates the individual nature of the authorisation relating to the person who applied for such authorisation, since the provision states that the Council of State decides on the authorisation to change nationality and that the authorisation is granted on the basis of an application submitted as a result of the application. The party's statement alone was not a sufficient premise for the loss of citizenship

• Judgment of the Provincial Administrative Court in Warsaw of 10 January 2006, IV SA/Wa 1147/05

  Resolution No. 37/56 of the Council of State of 15 May 1956 on allowing German repatriates to change their Polish citizenship was issued as an executive act, establishing a statutory authorization under Article 13 (1) and (2) of the Act of 8 January 1951 on Polish citizenship, thus ceasing its legal existence on the date when the new Act on Polish citizenship of 15 February 1962 entered into force, in the absence of other regulations contained in the transitional provisions of the latter Act.