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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