Gdańsk citizenship
The Danzig nationality in passports as "nationality Free City of Danzig called" received in 1920 all their living area to date German nationals.
Background and development
In a new structure under international law, namely neither as a mandate nor as a protectorate , the area of the “free city of Danzig” was ceded by the German Reich to the League of Nations and placed under its administration. The newly created Polish state, also largely from areas of Prussia, was responsible for foreign policy representation.
The official creation date of the free city was on Nov. 15, 1920, two days later the constitution was passed.
Due to the aggressive polonization policy of the dictatorial regime, Marshal Józef Piłsudskis , Poland attempted to gain full control of the city and its residents by various methods, apart from military occupation. From 1924 onwards, the high commissioner's prudent action made things a little more relaxed, until they became bolder again in 1931 and from 1934 onwards.
The aforementioned Polish behavior had a concrete impact on people traveling with Gdańsk passports. They were required to have a visa in fewer countries than the Poles. Abroad, Gdańsk was subject to Polish consular protection. These consuls routinely confiscated Gdansk passports presented to them and required the auditor to apply for a Polish passport . This harassment was only ended after the High Commissioner's arbitration on January 28 with an appeal decision of May 4, 1924. From then on, the Gdańsk authorities were solely responsible for issuing passports; the Polish Foreign Office brokered them to the consulates. Polish consulates now extended Danziger passports even if them a certificate of origin was presented. In emergencies, they also issued Gdańsk passports that were valid for three months.
After September 1939
The law on the reunification of the Free City of Danzig with the German Reich of September 1, 1939 made the "citizens of the previous Free City of Danzig" to "Germans in accordance with more detailed regulations."
In 1939-45, not all warring enemy states regarded Danzig as Germans and thus "enemy foreigners." B. only if a Danziger was active for Germany.
With the Potsdam Agreement , Danzig became subject to Polish sovereignty. In 1947 Poland defined the right to citizenship along ethnic lines; H. the few who had not been resettled between 1945 and 1948 had to prove their ethnicity before a committee if they had their place of residence on September 1, 1939.
After gaining the greatest possible degree of sovereignty , the FRG granted the collectively naturalized group of people a disclaimer until February 25, 1956.
Citizenship Act 1922
The Versailles Treaty stipulated in Art. 105: "With the entry into force of the present treaty, the German Reich citizens residing in the areas designated in Article 100 lose their German Reich citizenship by legal process and become citizens of the Free City of Danzig." For two years after the entry into force of the present treaty, German Reich nationals over eighteen years old who are resident in the area specified in Article 100 are entitled to opt for German Reich citizenship.
The husband's option extends to the wife; the parent's option extends to children under eighteen.
People who make use of the option right provided above must relocate to Germany within the next twelve months.
They are free to keep the immovable property they own in the area of the Free City of Danzig. You are allowed to take all your moveable goods with you. No export or import duty is levied on them. "
The rules of the “Law on the Acquisition and Loss of Danzig Citizenship” are based on the German RuStaG, which has been in force since January 1, 1914, with its dominant principle of descent . The Senate was responsible for citizenship matters. Legal acts became effective with the delivery of the corresponding document. Legal recourse to the Higher Court was available against notices within four weeks.
- Acquisition
- Children born in wedlock received citizenship of the father, illegitimate children that of the mother. The latter could also become Gdansk by acknowledging paternity. Foundlings were considered to be born in Danzig.
- Children of stateless persons who had lived in Gdansk for five years were granted citizenship from birth.
- Foreign women marrying in became citizens through marriage; If they had underage children, this also applied to them if they lived in Gdansk.
- Foreigners who entered the civil service as civil servants or who were appointed as clergymen of a state-recognized religious community became Danziger with the delivery of the certificate of appointment (without reservation). They had to prove the loss of previous citizenships. Such naturalizations included women and children.
- naturalization
Naturalization candidates had to meet the following conditions:
- fully legally competent under local law
- blameless
- with the intention to live permanently in Gdansk
- have housing and sufficient income for themselves and their families
- prove that they gave up other citizenships or automatically lost them by adopting the Gdańsk citizens
- have been resident for five consecutive years prior to the application. (The earliest deadline was January 11, 1920.)
the waiting period did not apply to:
- men marrying a woman from Gdańsk
- World war participants who had at least one parent living in the city of Gdańsk and who did not live here due to the war or for educational purposes, provided they were under 30 years of age. The deadline was January 10, 1920, the last possible application date was January 10, 1924.
Naturalizations of a man then extended to his wife and minor children if this was also requested. Polish applicants also had to bring home a release permit and, if necessary, proof of military service.
- Repurchase
Re-acquisition on application was possible, subject to the general naturalization conditions, apart from the residence period, for:
- Widows who had been Gdańsk women before they married foreigners.
- Children who, as minors, lost their Gdańsk citizenship through actions by their parents; within two years of reaching the age of majority.
- loss
Automatic reasons for loss were, provided that another citizenship was acquired as a result:
- Marriage of a Gdańsk woman to a foreigner.
- Acknowledgment of paternity of an illegitimate child by a foreigner.
- Acquisition of a foreign citizenship if this took place as a naturalization upon application.
The Senate was able to resolve that a person who entered foreign civil service and remained there despite being requested to do so would lose his citizenship in Danzig.
Otherwise, the Senate could apply for dismissal if a foreign nationality was assumed and a place of residence abroad had been established. Only the man was allowed to submit such applications to married persons, the woman had to agree, and both were dismissed. For minors, the guardianship court had to agree.
literature
- September 18, 1933. Agreement between Danzig and Poland on the treatment of Polish nationals and other persons of Polish origin or language; Journal of Foreign Public Law and International Law, Vol. 4 (1934), p. 134
- Greed, Gustav; Danzig's legal status under the Versailles dictate; Berlin 1935 (border and foreign countries)
- Köppen, Werner [government councilor]; The Gdańsk citizenship law together with the laws and other provisions on the acquisition and loss of citizenship in Germany, Poland, Russia, Lithuania, Memels, Estonia, Latvia and Finland; Gdansk 1929
- Malcomess, Hans; Acquisition and loss of Gdańsk citizenship under the law of May 30, 1922; Ohlau i. Schl. 1932 (H. Eschenhagen); [Diss. Wroclaw]
- Menzel; On the question of Gdańsk citizenship; Yearbook for International and Foreign Public Law, 1949, p. 886 ff.
- Mrose, Eberhard; The Gdańsk citizenship; Tübingen 1951 [Diss. iur.]
- Schätzel, Walter [1890–1961]; The change of nationality as a result of the German assignment of territory: Explanation of the articles of the Versailles Treaty regulating the change of nationality, together with a copy of the relevant contractual and legal provisions; Berlin 1921; [Addendum 1922 udT: The change of nationality as a result of the German assignment of territory: Explanation of the articles of the Versailles Treaty regulating the change of nationality, including a copy of the relevant contractual and legal provisions. Addendum containing a compilation and explanation of the new citizenship regulations for the Saar region, Upper Silesia, Danzig and North Schleswig, as well as an overview of the citizenship regulations of the other peace treaties of the world war. ]
- Turack, Daniel C .; The passport in international law; Lexington, Mass. 1972 (Heath), Free City of Danzig, pp. 207-10
Individual evidence
- ^ Peace Treaty of Versailles §§ 28, 100-8; i. V. m. Small Treaty of Versailles and the Paris Agreement of November 9, 1920 as well as the Polish-Danzig Agreement of October 24, 1921 (§§ 33-7 on minority issues and naturalization).
- ↑ Constitutions of the Free City of Danzig of November 17, 1920: Article 72: “Citizenship is acquired and lost according to the provisions of a law. The principles of the draft law provided for by this article will be submitted to the League of Nations for examination no later than May 23, 1921. "
- ↑ See Austrian-Polish trade agreement, announcement regarding expansion to the Free City of Danzig; November 7, 1935, ÖBGbl. 429/1935.
- ^ Background: Loening, Otto; Gdansk and Poland; Zeitschrift für Politik, Vol. 15 (1926), pp. 14–38.
- ↑ Ex. In: 1) Senate of the Free City of Danzig; Decisions of the High Commissioner of the League of Nations in the Free City of Danzig; 1921-31; 2) Agreements between the Free City of Danzig and the Republic of Poland of August 4, 1928; ZaöRV, Vol. 1 (1929) .
- ↑ Versailles Treaty, Art. 104, Clause 6.
- ↑ paragraph after Turack, Daniel C .; The passport in international law; Lexington, Mass. 1972 (Heath), Free City of Danzig, pp. 207-10
- ^ 1) circular of the Reich Minister of the Interior of November 25, 1939; 2) Ordinance on the German people's list and German citizenship in the incorporated eastern regions, March 4, 1941; 3) Circular decree of the Reich Minister of the Interior on acquisition of German citizenship by former Polish and Danzig citizens of March 13, 1941.
- ↑ See Department of Justice Questions and Answers on Regulations concerning Aliens of Enemy Nationalities; Washington DC 1942
- ↑ Górny, Agata; Pudzianowska, Dorota; Report on Poland; Badia Fiesolana, San Domenico di Fiesole 2013 (CADMUS), p. 4.
- ↑ Relevant legal texts: 1) Ustawa z dnia 28 kwietnia 1946 r. o obywatelstwie Państwa Polskiego osób narodowości polskiej zamieszkałych na obszarze Ziem Odzyskanych; Dziennik Ustaw, No. 15, 1946, item 106 ; 2) Decree z dnia 22 października 1947 r. o obywatelstwie Państwa Polskiego osób narodowości polskiej zamieszkałych na obszarze b. Wolnego Miasta Gdańska; [“Decree of October 22, 1947 on the citizenship of the Polish state of people of Polish nationality who live in the area of the former Free City of Danzig.”] Dziennik Ustaw, 65, 1947, item 378 ; 3) Polish Citizenship Act of January 8, 1951 (valid until 1962); 4) Ordinance of the State Council No. 37/56 (1956) regarding the permission for emigrants of German origin to be allowed to take off their Polish citizenship (valid until 1984).
- ↑ Law regulating questions of nationality of February 22, 1955, Federal Law Gazette I p. 65.
- ↑ Full text: Law Gazette 1922, No. 28 (June 15) , Law 60, p. 129
- ↑ This law continued to apply in Gdansk for the time being in 1920-2.