SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE) Spring 2021 Loss of Nationality Rights 5/6/2021 7:21 PM 141 nationality of origin and when that decision has been adopted the Austrian courts will, if necessary, have to determine whether it is valid in the light of the principles referred to in this judgment.”267 Dr. Rottmann currently has Austrian citizenship.268 The reinstatement by Austria is in assent with the aims of Article 8(1) of the 1961 Statelessness Convention and Article 7(3) of the European Convention on Nationality. The Grand Chamber of the ECJ expanded on the proportionality principle in Tjebbes. It found that the Netherlands Nationality Law with respect to regulating adult dual citizens was not unfair in the public interest.269 Article 15(c) stipulates that individuals who reside abroad for at least ten years consecutively can automatically lose their Dutch Nationality.270 This situation is avoided if the individual demonstrates that he has a genuine link with the Netherlands.271 At a minimum, one must interrupt the ten-year period by living in the Netherlands for at least one year.272 Alternatively, he can apply for and acquire a Netherlands travel document, a Netherlands identity card, or a written declaration that he has Netherlands nationality.273 In Tjebbes, the four Applicants (three adults and one teenager) did not risk 267. 268. Case C-135/08, Janko Rottmann v. Freistaat Bayern, 2010 E.C.R. I-01449, ¶ 63. See Janko Frank Rottman, PRABOOK, https://prabook.com/web/janko_frank.rottman n/703863. 269. Case C-221/17, Tjebbes & Ors v. Minister van Buitenlandse Zaken, 2019 EU:C:2019:189, ¶¶ 34, 39, & 41. 270. Netherlands Nationality Act at art. 15(1)(c). 271. Case C-221/17, Tjebbes & Ors v. Minister van Buitenlandse Zaken, 2019 EU:C:2019:189, ¶ 5 (citing European Convention on Nationality, supra note 166, at art. 7(1)(e)). Article 7 provides: “1. A State Party may not provide in its internal law for the loss of its nationality ex lege or at the initiative of the State Party except in the following cases: (e) lack of a genuine link between the State Party and a national habitually residing abroad.” 272. Netherlands Nationality Act, supra note 270, at art. 15(1)(c), (3). 273. Case C-221/17, Tjebbes & Ors v. Minister van Buitenlandse Zaken, 2019 EU:C:2019:189, ¶¶ 9-12 (citing Rijkswet op het Nederlanderschap (Law on Netherlands Nationality), Article 6(a)(f): “After making a written declaration to that effect, the following persons shall acquire Netherlands nationality by a confirmation as referred to in paragraph 3: an adult foreign national who has at any time held Netherlands nationality … and who for a period of no less than one year has a residence permit of indefinite duration and his principal residence in the Netherlands … unless he has lost his Netherlands nationality pursuant to Article 15(1)(d) or (f).” Paragraph 15 of that law provides “1. An adult shall lose his Netherlands nationality: (c) if he also holds a foreign nationality and if, after attaining his majority and while holding both nationalities, he has his principal residence for an uninterrupted period of 10 years outside the Netherlands … and outside the territories to which the [EU Treaty] applies …; 3. The period referred to in the first paragraph under (c) shall be deemed not to have been interrupted if the person concerned, for a period of less than one year, has his principal residence in the Netherlands … or in the territories to which the [EU Treaty] applies. 4. The period referred to in the first paragraph under (c) can be interrupted by the issuing of a declaration regarding the possession of Netherlands nationality or a travel document or Netherlands identity card within the meaning of the [Paspoortwet (Law on passports)]. A new period of 10 years shall start to run as from the day of issue.”).”