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RULING OF THE CONSTITUTIONAL COURT OF LITHUANIA ON LAW ON CITIZENSHIP AND RELATED LEGAL ACTS

On 13 November 2006 the Constitutional Court of the Republic of Lithuania ruled that many provisions of the Law on Citizenship and related legal acts (including the provisions which regulate dual citizenship) are in conflict with the Constitution. The Constitutional Court ruled that it was necessary to narrow the circle of persons that could seek dual citizenship as it was a widespread phenomenon rather than a very rare exception as it had to be. The Court established that this has happened due to gradual expansion of the circle of persons who can hold Lithuanian citizenship and citizenship of another country. The Constitutional Court stated that by passing the law stipulating that citizenship could be granted by way of derogation when it was related to public interests or the putting of Lithuania's name on the map by representing Lithuania, the parliament groundlessly expanded the circle of persons who could hold dual citizenship. The Court stated that the provision saying that a person wishing to acquire Lithuanian citizenship did not have to renounce citizenship of another country held by him is in conflict with the Constitution as well.

At this stage the potential applicants are suggested to refrain from submission of applications to acquire Lithuanian citizenship till the Law on Citizenship will be amended. Migration Department under the Ministry of the Interior – the legally entitled Lithuanian institution – shall pass resolution on acknowledgement a person citizen of Lithuania (provided he submitted documents confirming the fact of Lithuanian citizenship held prior to 15 June 1940 and documents confirming the relationship of the applicant with the person who held Lithuanian citizenship- when the applicant is a child, a grandchild, or a great-grandchild) if the applicant renounces citizenship of another country held by him (and produces the document confirming the fact).

The said ruling does not have influence on the persons who have already been acknowledged citizens of Lithuania by resolutions of Migration Department after the year 1990. The said persons may hold dual citizenship.