Wiener Landesregierung (Revocation d'une assurance de naturalisation) (Citizenship of the European Union - Statelessness - Criteria for acquisition of nationality - Opinion) [2021] EUECJ C-118/20_O (01 July 2021)

Wiener Landesregierung (Revocation d'une assurance de naturalisation) (Citizenship of the European Union - Statelessness - Criteria for acquisition of nationality - Opinion) [2021] EUECJ C-118/20_O (01 July 2021)

The Advocate General opined that the revocation of an assurance of naturalisation, resulting in statelessness and permanent loss of EU citizenship, falls within the scope of EU law due to its nature and consequences. National authorities must review such decisions for compliance with the principle of proportionality under EU law, considering the individual circumstances and the impact on the applicant's rights as a former EU citizen.

Citation
[2021] EUECJ C-118/20_O
Parties
Applicant: JY; Intervener: Wiener Landesregierung
Jurisdiction
European Union
Judgment Date
01 July 2021
Procedural Posture
Preliminary Ruling (cjeu) / Opinion of Advocate General
Outcome
Opinion (not final judgment): Situation falls within EU law; proportionality review required.
Legal Topics
Citizenship of the European Union, Statelessness, Acquisition and Loss of Nationality, Proportionality, Public Policy Exceptions
European Union Law Nationality Law Human Rights Law Citizenship of the European Union Statelessness Acquisition and Loss of Nationality Proportionality Public Policy Exceptions

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Parties

JY

Applicant

Wiener Landesregierung

Intervener

Procedural Posture

Preliminary Ruling (cjeu) / Opinion of Advocate General

Legal Issues

  1. 1 Does the revocation of an assurance of naturalisation, resulting in statelessness and permanent loss of EU citizenship, fall within the scope of EU law?
  2. 2 Are national authorities required to review the proportionality of such a revocation under EU law?

Ratio Decidendi

The Advocate General opined that the revocation of an assurance of naturalisation, resulting in statelessness and permanent loss of EU citizenship, falls within the scope of EU law due to its nature and consequences. National authorities must review such decisions for compliance with the principle of proportionality under EU law, considering the individual circumstances and the impact on the applicant's rights as a former EU citizen.

Court Disposition

Opinion (not final judgment): Situation falls within EU law; proportionality review required.