Polish citizenship – News

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The Impact of the Treaty of Riga on the “Treaty on Minorities,” Taking into Account the Ruling of the Supreme Administrative Tribunal of October 22, 19292026-05-14

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At the outset, it should be noted that birth in the territories of the former partitioning powers was, in principle, a basis for the recognition of Polish citizenship by operation of law. At the same time, it must be remembered that, according to Article 4 of the so-called Little Treaty of Versailles (Treaty on Minorities), which entered into force on January 10, 1920, there was an additional requirement for the recognition of citizenship. A person’s parents had to be permanently resident in that territory at the time of their birth. However, this principle was limited primarily with respect to citizens of the former Russian Empire after the entry into force of the Treaty of Riga of March 18, 1921. Under this treaty, individuals who were previously citizens of the Russian Empire and who, on April 30, 1921, were not entered in the registers of the permanent population of the former Kingdom of Poland or did not have the right to such entry, and who were not registered in a rural or urban commune or in one of the state organizations in the lands of the former Russian Empire annexed to Poland, lost Polish citizenship – even if it had previously been granted to them. This issue was discussed in detail in the ruling of the Supreme Administrative Court of October 22, 1929.

The case concerned Dr. Aleksy Roznatowski. In 1921, the starosta in Grodno certified Roznatowski and his family as Polish citizens, based on which they were issued identity cards in 1922. However, in 1926, the Voivodeship Office in Białystok, and then in 1927, the Ministry of Internal Affairs, invalidated this certificate, ruling that Roznatowski was not entitled to Polish citizenship. Consequently, he filed a complaint with the Supreme Administrative Court.

The Court pointed out that former citizens of the Russian Empire who acquired Russian or Ukrainian citizenship under the Treaty of Riga lost Polish citizenship on April 30, 1921, even if they had previously been able to acquire it by virtue of being born in a territory that was part of the Polish state. Consequently, in matters concerning the citizenship of persons originating from the former Russian Empire, the provisions of the Treaty of Riga, not the Treaty on Minorities, applied.

The provisions of the Treaty of Riga – indirectly stemming from Article VI – implied that mere birth in a territory that was part of the Polish state did not constitute a sufficient basis for acquiring Polish citizenship. Persons who were previously citizens of the Russian Empire and who, on April 30, 1921, were not entered in the relevant population registers or state organizations in the territories incorporated into Poland, acquired citizenship of Soviet Russia or Ukraine.

This position was also accepted in legal literature – it was cited by, among others, Walenty Ramus.

Finally, it should be emphasized that Article 4 of the Little Treaty of Versailles was fully applicable only to the population living in the territories of the former Austrian partition.

Bibliography:

1. Treaty on Minorities of June 28, 1919, Journal of Laws 1920, No. 110, item 728;

2. Treaty of Riga of April 30, 1921, Journal of Laws 1921, 300/1921; 3. Judgment of the Supreme Administrative Tribunal of 22 October 1929, reg. 2484/27; 4. W. Ramus, Institutions of Polish Citizenship Law, Warsaw 1980.