SAVICKIS AND OTHERS v. LATVIA JUDGMENT
III. LAW AND PRACTICE OF THE INSTITUTIONS OF THE
EUROPEAN COMMUNITIES AND THE EUROPEAN UNION
A. The Court of Justice of the European Union
83. In case C-135/08 Janko Rottmann v. Freistaat Bayern (judgment of
2 March 2010), the Court of Justice of the European Union ruled as follows
(references omitted):
“45. Thus, the Member States must, when exercising their powers in the sphere of
nationality, have due regard to European Union law ...
...
48. The proviso that due regard must be had to European Union law does not
compromise the principle of international law previously recognised by the Court, ...,
that the Member States have the power to lay down the conditions for the acquisition
and loss of nationality, but rather enshrines the principle that, in respect of citizens of
the Union, the exercise of that power, in so far as it affects the rights conferred and
protected by the legal order of the Union, as is in particular the case of a decision
withdrawing naturalisation such as that at issue in the main proceedings, is amenable to
judicial review carried out in the light of European Union law.
...
55. In such a case, it is, however, for the national court to ascertain whether the
withdrawal decision at issue in the main proceedings observes the principle of
proportionality so far as concerns the consequences it entails for the situation of the
person concerned in the light of European Union law, in addition, where appropriate,
to examination of the proportionality of the decision in the light of national law.”
B. The European Parliament
84. The relevant parts of the Resolution of the European Parliament
regarding the Baltic States, adopted on 13 January 1983 (1982-1983
EUR.PARL.DOC (no.7.908) 432-33 (9183)), read as follows:
“The European Parliament,
...
Having regard to the bilateral peace treaties between the Soviet Union and the Baltic
states in Dorpat (February 2, 1920), Moscow (July 12, 1920) and Riga (August 11,
1920), in which the Soviet Union guaranteed the three Baltic states the inviolability of
their territory and eternal peace,
Having regard to Article VIII of the Final Act of the Helsinki Conference on Security
and Cooperation, which secures the right of self-determination of peoples and their
right, in full freedom, to determine, when and as they wish, their internal and external
political status,
Condemning the fact that the occupation of these formerly independent and neutral
states by the Soviet Union occurred in 1940 pursuant to the Molotov-Ribbentrop Pact,
and continues,
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