Indicator history

Close Window

Is there automatic citizenship acquisition by birth for migrant children born in the country?

Code:
RED102
Key Area:
Political & Civic Participation
Strand(s):
Equality
14/11/2011 - 17:14
Short Answer

Yes, under conditions.

Qualitative Info

Law 3838/2010 (Art. 1A.1) stipulates that a child of migrants' who have been living legally in the country for the last five years is entitled to citizenship acquisition by birth.

Data 5 years for both parents
Groups affected/interested Migrants, Refugees
Type (R/D)
Key socio-economic / Institutional Areas Political participation, Integration - social cohesion
External Url http://www.ypes.gr/UserFiles/24e0c302-6021-4a6b-b7e4-8259e281e5f3/N_3838_1.pdf
Situation(s)
Library
07/02/2013 - 10:42
Short Answer

Yes, under conditions. However, the 5.2.2013 decision of Council of State declared unconstitutional the 2010 Citizenship Law. "As a result of the final decision of the plenum of the supreme judicial institution, all procedures granting Greek citizenship after the enactment of the law in 2010 until today are expected to be cancelled" in view of a new law on this matter.

 

Qualitative Info

Law 3838/2010 (Art. 1A.1) stipulates that a child of migrants' who have been living legally in the country for the last five years is entitled to citizenship acquisition by birth [1].

However, the 5.2.2013 decision of Council of State declared unconstitutional the 2010 Citizenship Law. "As a result of the final decision of the plenum of the supreme judicial institution, all procedures granting Greek citizenship after the enactment of the law in 2010 until today are expected to be cancelled. The law entitled the children of immigrants who were born in Greece and studied at a Greek school for six years to Greek citizenship. Along with this, the results of local elections in the municipalities where immigrants from non-member countries of the European Union voted are likely to be revised under the same law again. In the reasoning for its decision, the senior judiciary states that the provisions of the law are contrary to the Constitution because the conditions for the acquisition of Greek citizenship regulated by them are formal and insufficient. They are related to the applicant or his family’s time of residence in Greece, the attendance of a Greek school for a certain period of time and a clean criminal record. According to the Supreme Administrative Court, the most significant gap in the law is that it does not provide for a procedure to demonstrate the relationship of the applicant with the Greek nation. Furthermore, the magistrates add that the Constitution entitles only Greek citizens to vote and run in elections. Therefore, it is not possible for people who are not Greek citizens to be entitled to it without making the relevant amendments being made to the Constitution." [2 & 3]


 

Source:

  1. Government Gazette, 24.03.2010, Νόμος 3838/2010 'Σύγχρονες διατάξεις για την Ελληνική Ιθαγένεια και την πολιτική συμμετοχή ομογενών και νομίμως διαμενόντων μεταναστών και άλλες ρυθμίσεις (Law 3838/2010 'Current provisions for Greek citizenship and political participation of repatriated Greeks and lawfully resident immigrants and other adjustments), http://www.red-network.eu/resources/toolip/doc/2012/11/23/greek-citizenship-law-n-38382010.pdf, Accessed 7.2.2013.
  2. GRReporter, 6.2.2013, The Supreme Court cancels the law on the acquisition of Greek citizenship, http://www.grreporter.info/en/supreme_court_cancels_law_acquisition_greek_citizenship/8683, Accessed on 7.2.2013.
  3. Lawnet, 6.12.2012, Παράνομη η αναστολή του νόμου περί ιθαγένειας, σύμφωνα με τον Συνήγορο του Πολίτη (Illegal suspension of the law on citizenship, according to the Ombudsman), http://www.lawnet.gr/news/paranomi-i-anastoli-tou-nomou-peri-i8ageneias-sumfona-me-ton-sunigoro-tou-politi-28172.html, Accessed on 24.2.2013.
Data
Groups affected/interested Migrants, Refugees
Type (R/D)
Key socio-economic / Institutional Areas Political participation, Integration - social cohesion
External Url http://www.ypes.gr/UserFiles/24e0c302-6021-4a6b-b7e4-8259e281e5f3/N_3838_1.pdf
Situation(s)
Library