ECJ - Judgment of 02.03.2010 (Grand Chamber), Janko Rottmann / Freistaat Bayern, C-135/08 «Citizenship of the Union - Article 17 CE - Nationality of one member State adquired by birth and by naturalisation - Loss of original nationality - Statelessness leading to loss of the status of citizen of the Union» — Towards a new relationship between nationality and the citizenship of the Union.
Keywords:
citizenship of the Union, nationality, statelessness, purely internal situation, proportionality, loyal cooperation.Abstract
In this Judgment, the Court of Justice examines the compatibility with EU law of the withdrawal of a decision bestowing the nationality of one Member State based on fraud, having as result the statelessness and the loss of European citizenship, due to the fact that the nationality of the Member State of origin had already been lost on the basis of that naturalization. The Court underlines the relevance of that situation for European Union law by reason of its nature despite the objections of the Member States and the Commission grounded on the purely internal character of the situation, and confirms its previous case-law drawn in the Micheletti case, declaring that Member States, are bound to respect EU law even in the exercise of their competences. After establishing the legitimacy of a withdrawal of nationality based on fraud, the Court leaves to the national court the appreciation of the compliance of the revocation measure with the proportionality principle, offering some elements to guide it in this analysis. Finally, the Court underlines that the pronouncements made in this sense are also to be applied with regard to the Member State of the nationality of origin.Downloads
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Published
2011-03-04
How to Cite
SARA IGLESIAS SÁNCHEZ. (2011). ECJ - Judgment of 02.03.2010 (Grand Chamber), Janko Rottmann / Freistaat Bayern, C-135/08 «Citizenship of the Union - Article 17 CE - Nationality of one member State adquired by birth and by naturalisation - Loss of original nationality - Statelessness leading to loss of the status of citizen of the Union» — Towards a new relationship between nationality and the citizenship of the Union. Revista De Derecho Comunitario Europeo, (37). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/45676
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CASE LAW COURT OF JUSTICE OF THE EU
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