Tuesday, February 1, 2011

Granting citizenship to foreigners is unconstitutional

Law provisions 3838/2010 granting citizenship to foreigners living in Greece and the right to vote in prefectural and municipal elections are up in the air, since the Fourth Section of the State Council judged the law as unconstitutional, while also concluding that the right to vote can only be granted to Greek citizens.

Noteworthy is the decision that “the right to vote is reserved to Greek citizens and cannot be extended to those not possessing this status, without a revision of the relevant Constitution provision”. The whole affair, however, was referred to the

full Assembly of the State Council.

The court decision generally refers to Law 3838/2010, which introduces a new way of Greek citizenship acquisition. The statement notes: “Citizenship grants are based purely on formal conditions (time spent as a legal resident of the foreign person or their family, attending a Greek school for some time, no convictions for serious offenses) without an individualized finding of the bond between the foreigner and the Greek nation, meaning the willing acceptance of the values attributed to Hellenism and an acquisition of a Hellenic conscience”.

After action undertaken by a Greek citizen
Law 3838/2010 preoccupied the State Council after an appeal by a Greek citizen who requested it be annulled as unconstitutional:
1) The decision taken by the Minister of Foreign Affairs on 30.4.2010 on the matter of eveidence determination presented when applying for registration, as well as
2) The aforementioned Minister’s official document which granted rights to expatriates and legal residents of Greece with foreign nationalities that allowed them to be voted for in any election.

On the other hand, an intervention in the State Council trials in support of the Minister’s decision was brought forth by the Greek Human Rights Union and the Albanian Enda Ghemi. The latter had already applied to participate in provincial and municipal elections on November 7th, 2010.

The case will be concluded by the Assembly of the State Council.












source: proto thema