SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE) Spring 2021 Loss of Nationality Rights 5/6/2021 7:21 PM 139 Article 7254 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: (a) voluntary acquisition of another nationality; (b) acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant; . . . . 3. A State Party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of this article if the person concerned would thereby become stateless, with the exception of the cases mentioned in paragraph 1, subparagraph b, of this article. The Grand Chamber of the ECJ held that a Member State is empowered to negate nationality that an applicant procures by deception.255 However, the State must first observe the principle of proportionality to determine whether to withdraw nationality.256 This safeguard ensures that the State does not act randomly. It is a precaution that underlies the Court’s prior ruling that ‘[u]nder international law, it is for each Member State, having due regard to [EU] law, to lay down the conditions for the acquisition and loss of nationality.”257 Dr. Janko Rottmann was born in Austria in 1956 and gained automatic nationality under the jus soli principle.258 As an EU citizen, he utilised his mobility rights to move to Germany in 1995.259 He continued his profession as a venture capitalist and surrendered the citizenship to apply for German nationality in 1998.260 His motive was for financial reasons. Austria had issued an arrest warrant in 1997 to investigate him for financial crimes.261 Rottmann did not disclose on his citizenship application that he had undergone criminal proceedings.262 The Austrian municipal authorities and the Austrian Public Prosecutor informed the City of Munich about the judicial 254. Case C-135/08, Janko Rottmann v. Freistaat Bayern, 2010 E.C.R. I-01449, ¶ 20; European Convention on Nationality, supra note 166. 255. Case C-135/08, Janko Rottmann v. Freistaat Bayern, 2010 E.C.R. I-01449, ¶ 59. 256. Id. ¶¶ 51-53, 59. 257. Id. ¶ 39; Case C-369/90 Micheletti and Others v. Delgación del Gobierno en Cantabria, 1992 E.C.R. I-4239, ¶ 10. 258. Case C-135/08, Janko Rottmann v. Freistaat Bayern, 2010 E.C.R. I-01449, ¶ 22. 259. Id. ¶ 23. 260. Id. ¶ 26; see generally ¶¶ 5, 7 (explaining Germany allows dual nationality but Austria does not; citing GRUNDGESETZ [GG] [BASIC LAW] at 16(1) (providing: “No German may be deprived of his citizenship. Citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result”)); ¶ 9 (citing Staatsbürgerschaftsgesetz ‘the StbG’ [BGBl] [the Law on nationality] 311/1985 at 27(1) (providing “Any person who acquires foreign nationality at his own request, or by reason of a declaration made by him or with his express consent, shall lose his Austrian nationality unless he has expressly been given the right to retain [it]”)). 261. Id. ¶¶ 23, 24. 262. Id. ¶ 25.