10
RAMADAN v. MALTA JUDGMENT
drew up the 1997 European Convention on Nationality. One of its
principles, provided for in Article 4, is that “statelessness shall be avoided”.
Article 6 provides that each State Party must facilitate in its internal law the
acquisition of its nationality for stateless persons. Article 7, however,
specifies that a State Party may not provide in its internal law for the loss of
its nationality if the person concerned would thereby become stateless, with
the exception of cases of acquisition of the nationality of the State Party by
means of fraudulent conduct, false information or concealment of any
relevant fact attributable to that person.
42. This Convention was signed by Malta on 29 October 2003 but has
not been ratified.
43. On 15 September 1999 the Committee of Ministers of the Council of
Europe adopted Recommendation No. R (99) 18 on the avoidance and
reduction of statelessness. In particular, concerning the avoidance of
statelessness as a consequence of loss of nationality, it recommends, in so
far as relevant, the following:
“c. In order to avoid, as far as possible, situations of statelessness, a State should not
necessarily deprive of its nationality persons who have acquired its nationality by
fraudulent conduct, false information or concealment of any relevant fact. To this
effect, the gravity of the facts, as well as other relevant circumstances, such as the
genuine and effective link of these persons with the state concerned, should be taken
into account;”
3. Relevant European Union law and case-law of the Court of Justice
of the European Union
44. Article 20 of the Treaty on the Functioning of the European Union
(TFEU), reads as follows:
“1. Citizenship of the Union is hereby established. Every person holding the
nationality of a Member State shall be a citizen of the Union. Citizenship of the Union
shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided
for in the Treaties. They shall have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European
Parliament and in municipal elections in their Member State of residence, under the
same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of
which they are nationals is not represented, the protection of the diplomatic and
consular authorities of any Member State on the same conditions as the nationals of
that State;
(d) the right to petition the European Parliament, to apply to the European
Ombudsman, and to address the institutions and advisory bodies of the Union in any
of the Treaty languages and to obtain a reply in the same language.