Polish Charter - AbsoluteAstronomy.com

Karta Polaka ', literally meaning Pole's Card, but also translated as Polish Charter or Polish Card, is a document confirming belonging to the Polish nation

Poles

thumb|right|180px|The state flag of [[Poland]] as used by Polish government and diplomatic authoritiesThe Polish people, or Poles , are a nation indigenous to Poland. They are united by the Polish language, which belongs to the historical Lechitic subgroup of West Slavic languages of Central Europe...

, which may be given to individuals who cannot obtain dual citizenship in their own countries while belonging to the Polish nation according to conditions defined by a law; and, who do not have prior Polish citizenship

Polish nationality law

Polish nationality law is based upon the principles of jus sanguinis. Children born to Polish parents usually acquire citizenship irrespective of place of birth. Persons born in Poland to foreign parents do not normally become Polish citizens....

or permission to reside

Permanent residency

Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....

in Poland. It was established by an act of the Polish parliament

Polish parliament

Polish parliament is an expression referring to the historical Polish parliaments. It implies chaos and general disorder, and that no real decision can be reached during sessions...

dated 7 September 2007 called the Act on the Pole's Card (Ustawa o Karcie Polaka, Dz.U.

Dziennik Ustaw

Dziennik Ustaw or Dziennik Ustaw Rzeczypospolitej Polskiej is the most important Polish publication of legal acts. It is the only official source of law for promulgation of Polish laws. The publication of this journal is solely the responsibility of the Prime Minister of the Republic of Poland...

2007 no. 180/1280), which specifies the rights of the holder of the Card, the rules for granting, loss of validity and rescission of the Card, and the competencies

Competence (law)

In American law, competence concerns the mental capacity of an individual to participate in legal proceedings. Defendants that do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify...

of the public administration

Public administration

Public Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....

's bodies and procedures in these cases. The law came into force

Coming into force

Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...

on 29 March 2008.

Conditions for granting

The Card can be granted to people who do not have Polish citizenship

Citizenship

Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

or permission to reside in Poland and who are citizens of the former Soviet Union states: Republic of Armenia, Republic of Azerbaijan, Republic of Belarus, Republic of Estonia, Georgia

Georgia (country)

Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...

, Republic of Kazakhstan, Kyrgyz Republic, Republic of Lithuania, Republic of Latvia, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan

Turkmenistan

Turkmenistan , formerly also known as Turkmenia is one of the Turkic states in Central Asia. Until 1991, it was a constituent republic of the Soviet Union, the Turkmen Soviet Socialist Republic . Turkmenistan is one of the six independent Turkic states...

, Ukraine

Ukraine

Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...

and Republic of Uzbekistan.

The Card can be granted to a person who declares belonging to "the Polish Nation" and meets the following conditions:

proves his/hers relationship with Polishness by at least a basic knowledge of the Polish language
Polish language
Polish is a language of the Lechitic subgroup of West Slavic languages, used throughout Poland and by Polish minorities in other countries...

, which is considered their native language, along with knowledge and cultivating Polish traditions and habits;
in the presence of the consul
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...

of the Republic of Poland or an authorized employee of Polonia
Polonia
The Polish diaspora refers to people of Polish origin who live outside Poland. The Polish diaspora is also known in modern Polish language as Polonia, which is the name for Poland in Latin and in many other Romance languages....

l organisation
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...

submits a written declaration of belonging to "the Polish Nation";
proves that at least one of his/her parents or grandparents or two great grandparents were of Polish nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....

or had Polish citizenship, or present an attestation from a Polish or Polish diaspora organization acting on the territory of one of the above mentioned states, confirming that he or she has been actively involved in Polish lingustic and cultural activities within Polish community of their region for a period of at least the past three years.

Those who have confirmed Polish origin by the procedure established in the Act on repatriation

Repatriation

Repatriation is the process of returning a person back to one's place of origin or citizenship. This includes the process of returning refugees or soldiers to their place of origin following a war...

of 9 November 2000 (Dz.U. 2000 no. 106/1118) can also apply for the card, on the condition they fulfill the conditions stated above.

The Card can also be granted to children of holders of the Card. If only one parent holds the Card, the consent of the other expressed in a statement before a consul is necessary (on condition he or she has parental responsibility

Parental responsibility (access and custody)

In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life...

). Granting of the Charter to a minor

Minor (law)

In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...

who is over 16 years old may occur only with his or her consent.

Rights of the holder

Granting of the Card does not mean acquiring Polish citizenship or confirmation of Polish origin within the meaning of other acts

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

. The Charter does not entitle

Entitlement

An entitlement is a guarantee of access to benefits based on established rights or by legislation. A "right" is itself an entitlement associated with a moral or social principle, such that an "entitlement" is a provision made in accordance with legal framework of a society...

to cross the border

Borders of Poland

The Borders of Poland are 3511 or 3582 kilometers long. The neighboring countries are Germany to the west, the Czech Republic and Slovakia to the south, Ukraine and Belarus to the east, and Lithuania and the Russian province of Kaliningrad Oblast to the northeast...

or settle in the territory of the Republic of Poland. A person of Polish origin wishing to settle in Poland needs a permanent residence card (however, after it is granted the person loses the right to apply for the Card and the document already granted is rescissed). A holder of the Card has a number of right

Right

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...

s though.

The holder may apply for exemption from fees for consideration of an application for a country Schengen-visa

Schengen Agreement

The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...

(however, entitling to enter Poland only) and granting it or refund of fees. The refund is financed from the part of state budget controlled by the minister responsible for foreign affairs and is made through the proper consul.

A holder of the Karta Polaka has the right to:

exemption from the obligation to have a work permit
Work permit
Work permit is a generic term for a legal authorization which allows a person to take employment.It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some...

for foreigners
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

;
set up a company
Company
A company is a form of business organization. It is an association or collection of individual real persons and/or other companies, who each provide some form of capital. This group has a common purpose or focus and an aim of gaining profits. This collection, group or association of persons can be...

on the same basis as citizens of Poland;
study
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...

, do a doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...

and participate in the other forms of education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

, as well as participate in research and development work. The holder retains the right to apply for scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...

s and other forms of aid for foreigners;
preschool
Preschool education
Preschool education is the provision of learning to children before the commencement of statutory and obligatory education, usually between the ages of zero and three or five, depending on the jurisdiction....

, primary
Primary education
A primary school is an institution in which children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...

and secondary
Secondary education
Secondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...

education in Poland
Education in Poland
Since changes made in 2009 Education in Poland starts at the age of five or six for the 0 class and six or seven years in the 1st class of primary school . It is compulsory that children do one year of formal education before entering 1st class at no later than 7 years of age...

;
use of health care services
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...

in the states of emergency
Intensive care medicine
Intensive-care medicine or critical-care medicine is a branch of medicine concerned with the diagnosis and management of life threatening conditions requiring sophisticated organ support and invasive monitoring.- Overview :...

;
37% discount on public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...

omnibus, flier and express rail
Rail transport
Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...

travel;
free admission to state museum
Museum
A museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...

s.

Exnforcement of the rights listed in 3–7 (study, education, health care, public transport, museums) requires the presentation of the Card and a valid document confirming the identity of the holder.

Granting procedure

The granting of the Card is an administrative decision

Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

, followed by prescribed procedure commenced upon written application of the individual or his legal representative

Advocacy

Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...

. The proper authority for the grant of the Card is the consul of consular district of the place of residence. This procedure is free of consular fees.

The applicant is required to present documents or other evidencesconfirming compliance with the conditions for the granting of the Card. Examples of documents and evidence are:

Polish identity document
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...

s;
vital record
Vital record
Vital records are records of life events kept under governmental authority, including birth certificates, marriage licenses, and death certificates. In some jurisdictions, vital records may also include records of civil unions or domestic partnerships....

s or their copies, baptism metric
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...

, school certificates or other documents proving relationship with Polishness;
documents attesting military service
Military service
Military service, in its simplest sense, is service by an individual or group in an army or other militia, whether as a chosen job or as a result of an involuntary draft . Some nations require a specific amount of military service from every citizen...

in the Polish military formations
Polish Armed Forces
Siły Zbrojne Rzeczypospolitej Polskiej are the national defense forces of Poland...

;
documents proving the deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...

or imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....

(e.g. Soviet repressions of 1939-1946
Soviet repressions of Polish citizens (1939-1946)
In the aftermath of the German and Soviet invasion of Poland, which took place in September 1939, the territory of Poland was divided between Nazi Germany and the Soviet Union . Both powers were hostile to Poland's sovereignty, the Polish culture and the Polish people, aiming at their destruction...

) which include information of Polish origin;
documents of rehabilitation
Rehabilitation (Soviet)
Rehabilitation in the context of the former Soviet Union, and the Post-Soviet states, was the restoration of a person who was criminally prosecuted without due basis, to the state of acquittal...

of deported person which include information of Polish origin;
foreign identity cards with information about the Polish nationality of the holder;
attestation of entitled Polish or Polonial organization acting on the territory of one of the states mentioned above, confirming that he/she have been actively involved in activities on behalf of Polish language and culture or Polish national minority.
final, legally binding decision on the determination of the Polish origin, as it is prescribed by the procedure established in the Act on repatriation of 9 November 2000 (on the basis of this decision the consul must grant the Card).

A consul may exempt meritorious Poles from the obligation to fulfil the terms stated above.

The consul estimates Polish language proficiency

Language proficiency

Language proficiency or linguistic proficiency is the ability of an individual to speak or perform in an acquired language. As theories vary among pedagogues as to what constitutes proficiency, there is little consistency as to how different organizations classify it...

and knowledge of Polish traditions and habits during interview with the applicant. Authorized employee of entitled Polish or Polonial organization can examine language proficiency as well. Currently there are 34 entitled organizations, including Union of Poles in Belarus

Union of Poles in Belarus

The Union of Poles in Belarus is an organization located in the Eastern European country of Belarus. The group, which has a membership of 20,000 people, represents the Polish minority in Belarus, numbering about 400,000, as per official data .Lately, the group has received international attention...

and Association of Poles in Lithuania

Association of Poles in Lithuania

The Association of Poles in Lithuania is an organization formed in 1989 to bring together members of Polish minority in Lithuania. It numbers between 6,000 to 11,000 members. It defends the civil rights of the Polish minority and engages in educational, cultural and economic activities...

.

Before issuing the decision to grant the Card, the consul may ask Head of the Internal Security Agency or other administrative units whether the there are reasons not to grant the Charter (reasons of defence, security or protection of public order or acting of the applicant against fundamental interests of the Republic of Poland).

The Card is issued by a proper consul or person authorized by him for a 10-year period with a possible further extension of another 10 years. If possible, handing over of the Card is carried out in a ceremonial manner. In the case of loss or destruction of the Card the consul issues a duplicate, at the request of the holder.

In the case of a negative decision of a consul, the applicant may appeal through the consul to the Council for Poles in the East.

Applicants

According to Grzegorz Opalinski, consul general of Poland in Lviv

Lviv

Lviv is a city in western Ukraine. The city is regarded as one of the main cultural centres of today's Ukraine and historically has also been a major Polish and Jewish cultural center, as Poles and Jews were the two main ethnicities of the city until the outbreak of World War II and the following...

, the number of Poles interested in receiving the Card may reach 200,000 in Western Ukraine. Polish consular services in Lviv received around 20,000 applications in the month of February 2009 alone. To meet the demand, consulates in both Lviv and Lutsk

Lutsk

Lutsk is a city located by the Styr River in northwestern Ukraine. It is the administrative center of the Volyn Oblast and the administrative center of the surrounding Lutskyi Raion within the oblast...

had to employ additional staff. Also, additional consulates of Poland were opened in January 2009, in Vinnytsia

Vinnytsia

Vinnytsia is a city located on the banks of the Southern Bug, in central Ukraine. It is the administrative center of Vinnytsia Oblast.-Names:...

and Ivano-Frankivsk

Ivano-Frankivsk

Ivano-Frankivsk is a historic city located in the western Ukraine. It is the administrative centre of the Ivano-Frankivsk Oblast , and is designated as its own separate raion within the oblast, municipality....

.

The process is hampered by the stance of governments of some nations, especially Belarus

Belarus

Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...

and Lithuania

Lithuania

Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...

. In Lithuania, a conservative MP Gintaras Songaila publicly stated that two MPs who represent Polish minority there (Waldemar Tomaszewski and Michal Mackiewicz) should resign, because they accepted the Card. Similar opinion has been presented by Andrius Kubilius

Andrius Kubilius

Andrius Kubilius is a Lithuanian politician who has been Prime Minister of Lithuania since 2008. He previously served as Prime Minister from 1999 to 2000. He is the leader of the conservative political party Homeland Union – Lithuanian Christian Democrats.- Biography :Kubilius was born at Vilnius...

. Also, another problem is poor command of Polish language, which is one of conditions of granting the card. In Ukraine, according to estimates of Polish consul in Kiev

Kiev

Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....

, Edward Dobrowolski, only about half applicants received their cards.

Polish Ministry of Foreign Affairs informed in late January 2009, that most applicants come from the areas of Hrodna

Hrodna

Grodno or Hrodna , is a city in Belarus. It is located on the Neman River , close to the borders of Poland and Lithuania . It has 327,540 inhabitants...

, Brest

Brest, Belarus

Brest , formerly also Brest-on-the-Bug and Brest-Litovsk , is a city in Belarus at the border with Poland opposite the city of Terespol, where the Bug River and Mukhavets rivers meet...

, Lutsk and Lviv. 85% of all applicants were residents of either Belarus or Ukraine. However, there are applicants from other states as well. On March 9, 2009, the first Card in Azerbajian was received by Ms. Helena Szejch-Zade, while Polish consulate in Chişinău

Chisinau

Chișinău is the capital and largest municipality of Moldova. It is also its main industrial and commercial centre and is located in the middle of the country, on the river Bîc...

, Moldova, has been receiving a number of applications, mostly from the town of Bălţi

Balti

Balti can refer to:* Balti language, a language spoken in Baltistan in Pakistan and Ladakh in Kashmir* Balti people, Muslims of Ladakhi/Tibetan origin from Baltistan in Pakistan and Ladakh in Kashmir...

, where lives a 2,000-strong Polish minority.

Ratio legis

The Charter is intended to aid Polish communities abroad

Polonia

The Polish diaspora refers to people of Polish origin who live outside Poland. The Polish diaspora is also known in modern Polish language as Polonia, which is the name for Poland in Latin and in many other Romance languages....

, e.g. by maintaining national heritage. Members of Polish minorities in the Post-Soviet states

Post-Soviet states

The post-Soviet states, also commonly known as the Former Soviet Union or former Soviet republics, are the 15 independent states that split off from the Union of Soviet Socialist Republics in its dissolution in December 1991...

have limited access to Poland since Poland's joining the European Union

European Union

The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

's Schengen Agreement

Schengen Agreement

on 21 December 2007, which imposed stricter border controls and necessity of visas on Poland's eastern neighbors.

External links