ATTENTION ! – automatic translation
- § 445 of the 1930 Regulation – Did the acquisition of foreign citizenship mean the loss of Polish citizenship?
ATTENTION!!! Automatic translation from Polish
Contrary to common belief, in the interwar period, the mere acquisition of foreign citizenship did not always lead to the automatic loss of Polish citizenship. Of key importance was § 445 of the Regulation of the Minister of Military Affairs of March 16, 1930, which stated:
“Persons who have obtained exemption from general military service, as provided for in Article 89, lose Polish citizenship pursuant to Article 11 of the Act of January 11, 1920, upon acquiring foreign citizenship. Persons who acquired foreign citizenship without receiving the aforementioned exemption lose Polish citizenship only if they are granted exemption from general military service.”
According to the regulations in force at the time, a person subject to general military service could effectively lose Polish citizenship only after obtaining an exemption from this obligation. This meant that acquiring foreign citizenship did not always have automatic legal consequences for the Polish State.
The grounds for exemption from compulsory military service were regulated by the Act of May 23, 1924, on General Military Obligation. These provisions provided for exemptions due to age, complete incapacity for service, or loss of Polish citizenship, among other reasons. However, the regulations concerning foreign citizenship were of particular importance – exemptions were granted only upon request and required a decision by the Minister of Military Affairs issued in consultation with the Minister of Internal Affairs.
In practice, this meant that acquiring foreign citizenship did not automatically lead to the loss of Polish citizenship for individuals subject to compulsory military service. A formal exemption from this obligation had to be obtained first. It should be remembered that these regulations were primarily relevant in the first half of the 1930s, as the regulation in question came into force in 1930 and expired in 1934. Subsequently, issues related to loss of citizenship and military obligation were regulated by new regulations. Therefore, assessing the loss of Polish citizenship requires a case-by-case analysis of the specific period and the individual’s military status.
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