TILBURG LAW REVIEW Journal of International and European Law Caia Vlieks, ‘Tjebbes and Others v Minister van Buitenlandse Zaken: A Next Step in European Union Case Law on Nationality Matters?’ (2019) 24(2) Tilburg Law Review pp. 142–146. DOI: https://doi.org/10.5334/tilr.149 RESEARCH ARTICLE Tjebbes and Others v Minister van Buitenlandse Zaken: A Next Step in European Union Case Law on Nationality Matters? Caia Vlieks* This article analyses the judgment of the Court of Justice of the EU in the Tjebbes case, which is an important case on nationality matters under EU law and has a clear link with the ­landmark case of Rottmann. As this article demonstrates, the Court confirms the applicability of EU law in nationality matters and elaborates on the nature of this influence. Furthermore, this ­contribution considers the influence of this case on our understanding of nationality and EU citizenship, as well as its relevance to addressing statelessness in the EU. Keywords: Nationality; EU Citizenship; Statelessness; EU Law; Genuine Link 1 Introduction In March 2019, the Court of Justice of the EU (CJEU) ruled on the case of Tjebbes and Others v Minister van Buitenlandse Zaken (hereinafter: Tjebbes).1 The case is important for its confirmation of a role for EU law in nationality matters as well as its elaboration of the reasoning in the earlier case of Rottmann v Freistaat ­Bayern (hereinafter: Rottmann)2 and interesting for its considerations regarding the concept of EU citizenship as well as nationality more broadly. After shortly summarizing the facts of the case (2), this article considers the background to this case in EU case law (3) and the judgment of the CJEU in the Tjebbes case (4). This contribution then highlights interesting features of the judgment with regard to the two important and related legal concepts: nationality or citizenship3 (5) and statelessness (6). It concludes with some final reflections on the case (7). 2 Automatic Loss of Nationality Due to Residence Abroad: the Facts The case concerns four applicants, all possessing both Dutch nationality and the nationality of a third country. The national proceedings lodged by these applicants concerned the Dutch Minister of Foreign Affair’s refusal to examine their respective applications for a passport because they no longer possessed the nationality of the Kingdom of the Netherlands.4 This loss of nationality is based on provisions in the Law on Netherlands Nationality.5 These provide, inter alia, for automatic loss of nationality for Dutch citizens in case of principal residence for an uninterrupted period of ten years outside the country or the EU.6 Furthermore, children of persons who lost their Dutch nationality based on this provision would also lose their Dutch nationality.7 In relation to the Rottmann case, the Council of State of the Netherlands8—the * Lecturer/researcher, Tilburg University, Tilburg, The Netherlands, c.vlieks@tilburguniversity.edu 1 Case C-221/17 Tjebbes and Others v Minister van Buitenlandse Zaken ECLI:EU:C:2019:189 [2019]. 2 Case C-135/08 Janko Rottmann v Freistaat Bayern EU:C:2009:588 [2010] ECR I-1449. 3 This contribution uses the concepts of ‘nationality’ and ‘citizenship’ interchangeably. 4 See also Opinion of AG Mengozzi in Case C-221/17 Tjebbes and Others v Minister van Buitenlandse Zaken ECLI:EU:C:2018:572 [2018] para 24. 5 Rijkswet op het Nederlanderschap, hereinafter: Law on Nationality. 6 Art 15(1)(c) Law on Nationality. 7 Art 16(1)(d) Law on Nationality. 8 Raad van State, hereinafter: Council of State.