The Council of State is Greece’s highest administrative court. It will rule on the constitutionality of certain clauses of a controversial law concerning the allocation of citizenship and political rights of repatriated Greeks and legal non-EU migrants in Greece.
A CoS rapporteur has questioned the constitutionality of Law No. 3838/2010, which grants the right to vote and stand in election for certain municipal position to repatriated Greeks and legal migrants. Next week rapporteur will recommend that a ruling be issued by the CoS, maintaining that only through a constitutional revision can repatriated Greeks and legal migrants acquire the right to vote or run in municipal elections.
Regarding a provision in the same law that provides for the naturalisation of the foreign nationals living in Greece, the recommendation leaves all options open.
The CoS involvement comes after a lawsuit filed on April 4, 2010 by a Greek citizen requesting that the ministerial decision and all accompanying institutional procedures as unconstitutional.
Law No. 3838/2010 modifies and supplements existing legislation, re-defining the terms and conditions under which the children of non-EU foreign nationals may acquire Greek citizenship. It also alters the terms under which an adult foreign national may apply for Greek citizenship through naturalisation and the supporting documentation that must be submitted and includes provisions and clauses concerning granted political rights for repatriated Greeks and legal immigrants.
(source: ana-mpa)
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