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CJEU Case C-221/17 / Opinion

M.G. Tjebbes and Others v Minister van Buitenlandse Zaken

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
12/07/2018

Key facts of the case:

Reference for a preliminary ruling — Citizenship of the European Union — Article 20 TFEU — Articles 7 and 24 of the Charter of Fundamental Rights of the European Union — 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 — Consequences — Proportionality.

Outcome of the case:

For all the above considerations, I propose that the request for a preliminary ruling from the Raad van State (Council of State, Netherlands) should be answered as follows:

  1. Article 20 TFEU and Article 7 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding a legislative provision such as Article 15(1)(c) and (4) of the Rijkswet op het Nederlanderschap (Law on Netherlands nationality), which provides that an adult, who is also a national of a third country, loses, by operation of law, the nationality of a Member State and consequently loses citizenship of the Union, on the ground that, for an uninterrupted period of 10 years, that person had his or her principal residence abroad and outside the European Union.
  2. Article 20 TFEU and Article 24 of the Charter of Fundamental Rights must be interpreted as precluding a legislative provision such as Article 16(1)(d) and (2) of the Law on Netherlands nationality, which provides that, save in exceptional cases, a minor, who is also a national of a third country, loses, by operation of law, the nationality of his or her Member State and consequently loses citizenship of the Union, as a consequence of the loss of nationality of his or her parent.