by EUDO CITIZENSHIP expert Dorota Pudzianowska

On 18th January 2012, the Constitutional Tribunal decided that the new Polish citizenship law (the Nationality Law Act of 2 April 2009) does not violate the Constitution. According to the Tribunal, Article 30 of the new nationality law that gives new competences to regional governors (voivods) in the field of naturalisation does not violate the constitutional provision according to which ‘the President confers nationality’.

The new law means that naturalisation matters will be dealt with in administrative procedure more often than under the 1962 citizenship law. Naturalisation cases handled by regional governors will constitute administrative decisions that have to be justified. In these cases, administrative and judicial reviews will be available.  The cases will have to be decided within a specified timeframe.

If the criteria stemming from Article 30 are met (e. g. time of stay, stable income, legal title to an apartment, knowledge of the Polish language) the foreigner will be entitled to Polish citizenship except if there is a threat to state security or defence.

Furthermore, material criteria for naturalisation will be less strict for certain categories of foreigners than in the law of 1962. The groups privileged in the new law are e.g. refugees, stateless persons and persons with relevant Polish background.

Finally, the Constitutional Tribunal has remarked that the new law presents an  ‘open vision of nationality’. The law was prepared in view of the ratification of the European Convention on Nationality of 1997.