Possible loss of citizenship by widows and orphans
The Supreme Administrative Court in its judgment of October 19, 2021 (II OSK 65/21) recalled the principle that under the 1920 Act, widows and orphans are not protected from the loss of Polish citizenship by the status of a deceased husband or father, but may lose their citizenship Polish individually. Such a view was already expressed in previous rulings - the judgment of the Provincial Administrative Court in Warsaw of September 21, 2006, ref. No. no. IV SA / Wa 507/06 approved in the judgment of the Supreme Administrative Court of 31 January 2008, file ref. no. II OSK 1919/06.
This means that a widow not subject to military service or a minor orphan lost Polish citizenship as a result of naturalization. This rule was in force until January 19, 1951
The court, justifying its view, stated that the discussed Art. 13 concerns the acquisition or loss of citizenship by the father of the family, i.e. specific legal events, the subject of which can only be a living person. The goal of this regulation, which is the principle of the uniformity of the citizenship of the spouses, can only be achieved during the lives of both of them.
In principle, one can agree with this interpretation, but one can express a concern that there will be legal interpretations unfavorable for widows and orphans, which may result in the view that the loss of citizenship would take place at the death of the father of the family, if the naturalization of the widow or orphan had already taken place. during his lifetime.
