The notion of Polish citizenship has no statutory definition.
In legal practice, Polish citizenship is understood as a formal and legally regulated relationship between an individual and the Polish state.
In doctrine, it is defined as a certain kind of legal bond between a natural person and a state, which consists of the persons belonging to that state.
It is expressed by the state providing rights for citizens and presenting them with obligations, which exist to indicate the ways of acquiring and retaining Polish citizenship and the related rights or lack thereof.
This bond is governed exclusively by Polish law.
Concept of Polish nationality
Polish nationality, which concept is also not legally defined, is membership of a certain ethnic group and has rather a psychological meaning resulting from cultural bonds, traditions, language, and customs.
Nationality refers to ethnic origin and cultural identity rather than legal status.
In the case of our clients, we often encounter a situation in which their ancestors left the territories that became part of reborn Poland after 1918.
Most of them could not obtain Polish citizenship as they were not covered by the provisions of the Act on Citizenship of the Polish State of 1920.
As a result, a person may have Polish nationality without ever having held Polish citizenship.
Definition of Polish citizenship and Polish citizen
In the dictionary of the Polish language, the word ‘citizenship’ is translated as – a state affiliation connected with certain rights and duties defined by the law of a given state, and the word ‘citizen’ as – a member of the society of a given state having certain rights and duties defined by the law.
This definition reflects the legal character of citizenship.
This encyclopedic definition of Polish citizenship is close to the meaning of the term in the colloquial sense.
Citizenship is understood here as the existence of a connection between an individual and a particular state, in effect making that individual a citizen of that state and not of another, and a member of the community organized into that state.
Having the nationality of a state is very important to that state, which is a collective that operates within a set of rules, and to the individual who is part of that collective.
Thus, to have citizenship, there must be a state that regulates by law who is a citizen of that state.
Nationality alone is not sufficient to create this legal relationship.
Citizenship in the international legal sense is understood as a general, legal belonging of a person to a particular state that gives the state the right to represent and defend that person’s interests in relations with other countries.
This includes diplomatic and consular protection abroad.
On the other hand, internal citizenship, i.e. in our case Polish citizenship, means all common rights and obligations of an individual and the state, which are based on the internal law of that state and which result from the individual’s state affiliation.
Nationality is closely connected with citizenship in such a way that it is difficult to separate the two concepts.
However, from a legal perspective, nationality does not automatically result in citizenship.
In essence, these concepts present the same phenomenon, i.e., a legal connection between the individual and the state, from which certain consequences then flow.
The key difference lies in whether this connection has legal force.
What does it mean to be recognized as a citizen?
Of great importance for this understanding of the relationship of the individual to the state are the conditions that must be met by the individual for him to be accepted as a citizen.
Citizenship is acquired or confirmed only after meeting statutory requirements.
The recognition of an individual as a citizen gives him the right to be treated as a human being with the legal status of a citizen and allows him to freely exercise the rights and duties intended only for a citizen. This includes political, civil, and social rights.
The most distinctive feature of the institution of citizenship is its permanence both in time and in space.
Once acquired, citizenship is generally stable and long-lasting. The permanence of citizenship in time consists in the fact that from the moment of its creation in the manner prescribed by the internal law of a particular state, until the moment of its termination.
Citizenship is of uninterrupted duration irrespective of any changes in the nationality legislation of the state. Changes in the law do not retroactively remove citizenship.
The durability of citizenship in space is manifested in the fact that the citizenship of an individual exists even though that individual does not reside on the territory of his/her State of nationality.
The bonds of citizenship are not broken when an individual moves to the territory of another State and remains permanently on that territory.
The individual retains the rights and duties that citizenship creates.
Residence abroad does not affect citizenship status.
To sum up the previous content, it should be remembered that Polish citizenship is a legal knot that is intended to bind the individual to the state while at the same time determining common rights.
They are set out in the Constitution of the Republic of Poland and other generally binding legal regulations. Polish citizenship is therefore a strictly legal concept.
It should be noted that Poland’s accession to the European Union, which took place on May 1, 2004, also allowed us to hold European Union citizenship. EU citizenship complements Polish citizenship but does not replace it.
This citizenship has only supplementary and non-substantive character. EU citizenship exists only as long as a person holds the citizenship of an EU Member State.
FAQ – Polish nationality vs Polish citizenship
Is Polish nationality the same as Polish citizenship?
No. Polish nationality refers to ethnic and cultural identity, while Polish citizenship is a legal status regulated by Polish law and connected with specific rights and obligations.
Can I be of Polish nationality without holding Polish citizenship?
Yes. A person may identify as Polish by nationality or descent but may never have acquired Polish citizenship under applicable citizenship laws.
Does having Polish nationality give me legal rights in Poland or the EU?
No. Legal rights such as the right to live, work, or vote come only from holding Polish citizenship, not from nationality alone.
Does Polish citizenship automatically grant EU citizenship?
Yes. Holding Polish citizenship also means holding European Union citizenship, which provides additional rights such as freedom of movement within the EU.
