Stary Wiarus, blogger, presents his compliments to the Minister of Foreign Affairs of the Republic of Poland, Professor Zbigniew Rau, and has the honour to advise as follows:
1. The presently unfolding unedifying, politically sensitive, diplomatically awkward and thoroughly undesirable situation concerning the suitability or otherwise of Mr Mark Francis Brzeziński, son of the late Polish-American diplomat and statesman Zbigniew Brzeziński (1928-2017), to become the next Ambassador-designate of the United States to Warsaw, has its roots in the presence of outdated provisions in the Polish citizenship legislation (Ustawa z dnia 2 kwietnia 2009 r. o obywatelstwie polskim, Dz.U. 2012, poz. 161)
2. The provisions in question concern:
(a) Unlimited and effectively compulsory acquisition of Polish citizenship at birth by way of descent from one or both Polish citizen parents, without limitation of time or a number of generations, and without an effective opt-out process for dual nationals.
(b) Effective impossibility of renouncing Polish citizenship in a reasonable process by dual or multiple nationals.
While the Constitution of Poland (art. 34) allows for a loss of Polish citizenship by voluntary renunciation, the lack of downward delegation of decisions to approve renunciation, the absence of appeal rights, and a deliberately unreasonable and burdensome procedure of lodging renunciation requests, create a nearly insurmountable bar to renuciation.