Tjebbes and Others (Nationalities of a Member State and of a third country - Loss of the nationality of a Member State and of citizenship of the Union by operation of law - Judgment) [2019] EUECJ C-221/17 (12 March 2019)

Tjebbes and Others (Nationalities of a Member State and of a third country - Loss of the nationality of a Member State and of citizenship of the Union by operation of law - Judgment) [2019] EUECJ C-221/17 (12 March 2019)

Article 20 TFEU, read in light of Articles 7 and 24 of the Charter, does not preclude national legislation providing for loss of nationality by operation of law, entailing loss of EU citizenship, provided that competent national authorities and courts can examine, as an ancillary issue, the consequences of such loss...

Source-derived case information.

Citation
[2019] EUECJ C-221/17
Parties
Applicant: M. G. Tjebbes; Applicant: G. J. M. Koopman; Applicant: E. Saleh Abady; Applicant: L. Duboux; Respondent: Minister van Buitenlandse Zaken (Minister for Foreign Affairs, Netherlands)
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling: National legislation is not precluded by Article 20 TFEU, provided proportionality review is available.
Legal Topics
Loss of Nationality, Citizenship of the Union, Proportionality, Private and Family Life, Best Interests of the Child
European Union Law Nationality Law Human Rights Law Loss of Nationality Citizenship of the Union Proportionality Private and Family Life Best Interests of the Child

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Parties

M. G. Tjebbes

Applicant

G. J. M. Koopman

Applicant

E. Saleh Abady

Applicant

L. Duboux

Applicant

Minister van Buitenlandse Zaken (Minister for Foreign Affairs, Netherlands)

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (grand Chamber)

  1. 1 Whether Articles 20 and 21 TFEU, read in light of Articles 7 and 24 of the Charter, preclude national legislation providing for loss of nationality by operation of law, resulting in loss of EU citizenship, without individual proportionality assessment.

Ratio Decidendi

Article 20 TFEU, read in light of Articles 7 and 24 of the Charter, does not preclude national legislation providing for loss of nationality by operation of law, entailing loss of EU citizenship, provided that competent national authorities and courts can examine, as an ancillary issue, the consequences of such loss and, where appropriate, allow recovery of nationality ex tunc, ensuring proportionality in each case.

Court Disposition

Preliminary ruling: National legislation is not precluded by Article 20 TFEU, provided proportionality review is available.

Orders

  • National authorities and courts must be able to examine the consequences of loss of nationality and, where appropriate, allow recovery of nationality ex tunc.
  • No need to rule on temporal limitation of the judgment's effects.