ANNUAL POLICY REPORT 2012
the date of entry into the Greek territory or otherwise they would pay a fine.77
3.6 Citizenship and Naturalisation
The Law 3838/3010 "Current provisions for Greek citizenship and political
participation of expatriates and lawfully residing immigrants and other
regulations" amended the Greek Citizenship Code, which was based exclusively
on the principle of jus sanguinis, by partially adopting the principle of jus soli.
According to Article 1A paragraph 1 of the Act, a child who is born and
continues to live in Greece to foreign parents who both permanently and legally
reside in the country for at least five consecutive years, acquires the Greek
citizenship due to birth, provided that his/her parents submit a relevant joint
declaration and a request for enrolment of the child in the population register
of the municipality of residence within three years after birth. If the child was
born before the completion of five years of legal residence of both parents in
the country, the joint declaration and the application for registration are filed
only upon the completion of five years of continuous legal residence of the
second parent, and the child acquires the Greek citizenship from submission.
According to paragraph 2, a child of foreign parents who has successfully
completed the attendance of at least six classes of Greek school in Greece and
resides permanently and legally in the country, acquires the Greek citizenship
upon completion of the six-year period of school attendance by a joint
declaration and application for registration in the population register of the
municipality of permanent residence submitted by his/her parents within three
years from the completion of that period of time. According to paragraph 3, the
Greek Citizenship is acquired by foreign children by declaration of their parents,
according to the provisions of the preceding paragraphs of Article 1A of Law
3838/3010 only if both parents are legally residing in Greece on the basis of
relevant valid legal title.
As it is mentioned in the above section of the report, according to information
leaked on November 13, 2012 about the decision that was expected by the
Plenary of the Council of State on the constitutionality of the provisions of
Articles 1A and 24 of Law 3838/2010, the Court found unconstitutional the
right of acquisition of Greek citizenship by birth in Greece or by attending
Greek school in Greece on the grounds that acquisition of citizenship under Law
3838/2010 is based purely on formal conditions without individualized
judgment on the development of real links between the applicant and the
country.
This event was highly publicized by the media in the country. According to
media information, following the notification of the decision of the Plenary of
the Council of State, the Prime Minister instructed the Deputy Minister of
Interior to prepare a draft law consistent with the Court's decision and the
77
Ministry of Interior AP 18807/26.6.2012 Document: "Implementation of the provisions of Law
4071/2012 (Government Gazette A 85)."
35
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