ATTENTION ! – automatic translation
- Israeli Citizenship Granted Retroactively: An Analysis in the Context of the Loss of Polish Citizenship in 1948
ATTENTION ! Automatic translation from Polish
On March 10, 2026, the Supreme Administrative Court issued a new judgment (case file II OSK 2293/23) in the case of descendants of Polish citizens who obtained Israeli citizenship retroactively in 1948. Previous case law clearly indicated that Israel’s decision, made in 1952, to grant Israeli citizenship retroactively from May 14, 1948, in certain cases resulted in the loss of Polish citizenship as a result of acquiring foreign citizenship. Polish case law has not yet questioned Israel’s retroactive citizenship approach.
However, the new Supreme Administrative Court judgment indicates a gradual shift in the perception of this issue by Polish judges. It was stated that Israel “was a state that had no citizens.” This idea is therefore present in case law, and its further development may bring about changes in the position on retroactive naturalization announced in 1952.
Despite the above, the position expressed in judgment II OSK 2052/13 remains valid, stating that “matters of citizenship fall within the exclusive competence of the state, which […] decides which persons are entitled to citizenship and how it is acquired.” Therefore, it is recognized that Israel could have decided to retroactively naturalize its citizens. However, it should be noted that in this way, Israel also de facto retroactively changed the legal situation of Polish citizens. Polish citizens arriving in Israel between 1948 and 1951 held only Polish citizenship, which they then lost retroactively in 1952, effective from 1948, as a result of acquiring Israeli citizenship.
In matters concerning confirmation of Polish citizenship, the content of the certificate issued by the Israeli authorities may therefore be of key importance.
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