The European Union law permits a Member State to make someone lose their nationality, including EU citizenship, if they become a citizen of a third country on a voluntary basis.
The Court of Justice has handed down judgment related to the joined cases C-684/22 to C-686/22 Stadt Duisburg (Loss of German nationality) concerning the applicants’ loss of their German nationality.
It has ruled that it is legitimate for an EU country to wish to protect the special relationship of solidarity and good faith between it and its nationals, SchengenVisaInfo reports.
EU law does not, in principle, preclude a person who voluntarily acquires the nationality of a third State from automatically losing the nationality of the Member State concerned and, consequently, EU citizenship too.
However, it notes that if someone loses their EU citizenship as a result of acquiring another nationality, they are eligible to ask their country’s authorities to review if this loss has unfair consequences for them. If that is the case, the person must be eligible to retain his or her nationality and EU citizenship or regain them if needed.
Judgment of Court in Cases Related to Loss of German Nationality
A press release from the Court of Justice of the EU reveals that the case is related to a number of Turkish nationals who have challenged before a German court the loss of their German nationality that they acquired in 1999 by naturalization.
To become German, they were required to renounce their Turkish nationality. However, after their naturalisation in Germany, or more concretely after January 1, 2000, they reacquired Turkish nationality at their own request.
Due to an amendment to the German legislation, which became effective on January 1, 2000, the recovery of Turkish nationality resulted in the loss of German nationality.
The German court has doubts as to the compatibility with EU law of that automatic loss of German nationality. Since the persons concerned do not possess the nationality of another Member State, it also entails the loss of EU citizenship and therefore the right to move and reside freely in the whole of the European Union. The German court therefore referred questions to the Court of Justice on that point.
In addition, the Court notes that each EU Member state must lay down the conditions for acquisition and loss of nationality.