Their preferential remedy confers on them a residual proper from their ancestor’s unconstitutional workout of public place of work
This 12 months, whilst the Republic has a double anniversary, 100 years for the reason that abolition of the Kingdom of Basel on 25.3.1924, when, below the federal government of Alexander Papanastasi, the 4th Constituent Nationwide Meeting issued, “having prior to my eyes the sufferings that the Glücksburg Dynasty heaped at the country” , the answer “At the decline of the Dynasty and its proclamation Democracy”, which was once restored in a coup d’état in 1935, and in addition 50 years after its ultimate relief with the referendum on 8.12.1974, we additionally had a… misspelling. The 5 kids of his ex and the 5 kids of his first son unexpectedly seemed on December 19 and requested to procure Greek citizenship, which the federal government granted the following day. The selection to be the particular individuals comes to the symbolism of succession and was once improperly in line with Article 6, par. 5 of N. 2215/1994, which gave Konstantinos Glyxburg and his members of the family the chance to procure Greek citizenship in the event that they settle for the state and the results of the 1974 referendum with declarations on the Athens Registry (sections a and b).
The deceased and the individuals of his circle of relatives are allogeneic foreigners and for the popularity of citizenship it’s required (following the constitutional interpretation of Legislation 2215), along with the above particular prerequisites, that the overall prerequisites of the Greek Citizenship Code (KEI) even be met .
As electorate of Denmark (EU member), 3 years of continuing place of abode in Greece are required and a sequence of very important prerequisites, similar to integration within the techniques referred to within the legislation “within the financial and social lifetime of the rustic, having made it a continuing heart in their livelihood actions” (a 5A 1d of the KEI), which the candidates don’t meet, and participation within the prescribed examinations.
This process was once no longer adopted, however with simplest connection with their statements on the Athens Registry, the Ministerial Choices had been issued with out even containing the textual content of the statements and bringing up whether or not they had been signed by means of the candidates or the legal professional. Whether it is assumed that simplest the statements of N. 2215, then the legislation establishes an obtrusive exception for the individuals of the previous royal circle of relatives from the KEI, through which case it’s unconstitutional, since their preferential remedy in comparison to different foreigners confers on them a residual proper from the workout of a state place of work in their ancestor opposite to the charter.
But even so, their naturalization is opposite to article 6, par. 5 of N. 2215, since in it the previous is explicitly known as by means of the closing identify of Glyxburg and this on my own needed to be registered within the registry place of work, as subsection c of par. 5 calls for registration within the municipal registers with a primary and closing identify, with out granting the fitting to select a surname, which, as an issue of public order, will not be modified except for by means of determination of the mayor for the explanations discussed within the regulation. The candidates didn’t apply a surname exchange process and the main declaration that their surname is De Gres and no longer Glyxburg will have to no longer be accredited.
As well as, the collection of the particular phrases as a surname is towards the charter, which doesn’t acknowledge titles of the Aristocracy or difference (artwork. 4, par. 7) and being known as “of Greece” within the normal case within the French language refers back to the workout of place of work or authority at the nation.
To revive legitimacy, the 10 Ministerial Choices wish to be revoked.
Konstantinos Katerinopoulos is a criminal economist
#misspelling #naturalization #descendants