Ogijewicz v Governor of Wilno

• Jurisdiction: Polonia
• Docket Number: Case No. 7
• Date: 11 May 1928
• Court: Supreme Administrative Court (Poland)

Supreme Administrative Court of Poland.

Case No. 7

Ogijewicz

and

Governor of Wilno.

International Law — Relation to Municipal Law — Treaties — Relation to Municipal Legislation — Abrogation of Statute by later Treaty.

The Facts.—A Polish statute of 20 January, 1920, provides, inter alia, that a person who is still liable to military service may not acquire foreign nationality except by permission of the Minister of War. The Polish-Russian Peace Treaty of Riga, concluded, ratified, and published in the Polish Journal of Laws, in 1921, provides, inter alia, that former Russian nationals who on the day of the ratification of the Treaty will be over 18 years of age and will sojourn in Russia or the Ukraine, can, if they were previously registered in the lists of the inhabitants of territories now belonging to Poland, opt for Polish nationality in the manner prescribed in the Treaty. Plaintiff was in Russia from 1916 until November 1921 (the Treaty having been ratified on 30 April, 1921). In 1925 he applied to be granted recognition of his Polish nationality on the basis of the Law of 1920, which attributes Polish nationality to every person born or resident in Poland who has no other nationality. The defendant having refused to grant the recognition, the present action was brought.

Held...