Litigation Toolkit on Statelessness: Volume II
October 2022
submission also provides general background information regarding law, policy, and
practice on statelessness determination and the protection of stateless persons in Italy,
as well as an overview of common barriers faced by stateless persons across Europe in
accessing effective statelessness determination procedures. A copy of the third-party
intervention can be found here.
2.3. Deprivation of Nationality
Court of Justice of the European Union
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Rottmann, C-135/08, ECLI:EU:C:2010:104 (2 March 2010)
An Austrian national by birth transferred his residence to Germany and naturalised as a
German national. The naturalisation in Germany had the effect, in accordance with
Austrian law, of causing him to lose his Austrian nationality. The German authorities
later withdrew the naturalisation with retroactive effect, on the grounds that the
applicant had not disclosed that he was the subject of a criminal investigation in
Austria on account of suspected serious fraud, and that he had thus obtained German
nationality by deception. The Court held that it is not contrary to EU law for a Member
State to withdraw nationality obtained by deception, even if it results in losing EU
citizenship, so long as the decision observes the principle of proportionality.
Observance of the principle of proportionality requires the person concerned to be
afforded a reasonable period of time in order to try to recover the nationality of their
Member State of origin.
•
JY v Wiener Landesregierung, C-118/20, Grand Chamber, ECLI:EU:C:2022:34 (18
January 2022)
JY, an Estonian national, applied for Austrian nationality. As Austria operates a 'single
nationality' approach, JY renounced her Estonian nationality after receiving an
assurance that she would be granted Austrian nationality once proof of her
renunciation was given. This assurance was subsequently revoked due to the applicant
committing two road traffic offences, leaving her stateless. In its judgment, the CJEU
confirmed that the situation falls within the scope of EU law, and that the authorities'
decision to revoke an assurance to grant Austrian nationality was incompatible with the
principle of proportionality considering the gravity of the offences committed. The
Court noted that the concepts of ‘public policy’ and ‘public security’ must be
interpreted strictly and clarified their meaning, concluding that it did not appear that JY
represented a genuine, present and sufficiently serious threat affecting one of the
fundamental interests of society or a threat to public security in Austria. It also held
that traffic offences, punishable by mere administrative fines, cannot be regarded as
capable of demonstrating that the person is a threat to public policy and public
security which may justify the permanent loss of their EU citizenship.
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