tag:blogger.com,1999:blog-8704899696538705849.post1258313331228472255..comments2024-03-29T04:53:16.437-07:00Comments on EU Law Analysis: CJEU asked to rule on acquisition of nationality in light of EU citizenship: The fundamental status on the horizon? (C-118/20 JY v Wiener Landesregierung)Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-8704899696538705849.post-8936838847566436582023-03-27T02:35:01.821-07:002023-03-27T02:35:01.821-07:00This comment has been removed by a blog administrator.Tỷ lệ kèo TVhttps://www.blogger.com/profile/00055874432917593837noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-40472187491147268532021-05-28T07:43:15.383-07:002021-05-28T07:43:15.383-07:00Does this refer to loss of nationality of one Memb...Does this refer to loss of nationality of one Member State due to acquisition of the nationality of another Member State? In Case C-419/92 Scholz the CJEU said that all that matters in such cases is that free movement has been exercised. If it has been, the person concerned is still covered by free movement law. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-13005565003791858272021-05-28T07:11:32.131-07:002021-05-28T07:11:32.131-07:00Has there been any case law about the impact of re...Has there been any case law about the impact of renunciation of EU Citizenship on any rights gained as a result of exercising their rights as an EU National? (mostly pertaining to Permanent Residence gained as an EU Citizen under the 2004 directive)<br /><br />If a German who had Permanent Residence in France (as a result of residing there for the 5 years and not letting that status lapse due to absence) lost their German Citizenship as a result of naturalizing in a country abroad, would they lose that Residence Right in France.NathanBhttps://www.blogger.com/profile/04685424096724469943noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-74217862403327795942020-06-16T07:39:45.397-07:002020-06-16T07:39:45.397-07:00Dear Patrick, thank you for the questions.
As to y...Dear Patrick, thank you for the questions.<br />As to your first question, I would consider the CJEU is the right forum. In para. 291 of the C-402/05 P and C-415/05 P Kadi judgment, the CJEU stated that it had "to be borne in mind that the European Community must respect international law in the exercise of its powers (Poulsen and Diva Navigation, paragraph 9, and Racke, paragraph 45), the Court having in addition stated, in the same paragraph of the first of those judgments, that a measure adopted by virtue of those powers must be interpreted, and its scope limited, in the light of the relevant rules of international law." If the CJEU has to consider the revelant rules of international law when deciding on the conformity of an act of an Institution, should it not also consider this question when it concerns the question whether a national act is in conformity with EU law. Would it not be implied from being in conformity with EU law, that the rule is equally in conformity with international law since the CJEU should check this. The CJEU stated also in Kadi in para. 283 that "the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international instruments for the protection of human rights on which the Member States have collaborated or to which they are signatories." Such a Guideline supplied by international instruments that should be taken into account are the 2013 Tunis Conclusions.<br />As to the second question, should Estonia not have made the reunciation conditional? That would definitely have been better. When reading the Estonian Citizenship Act, it seems at least from the English translation, that according to Art. 26(1) that the renouncement may be refused if this would have as a consequence that the person would be rendered stateless. The question is, would a conditional renouncement have sufficed for Austria? Considering the fact that Artt. 22(3) and 29(1) of the Estonian Citizenship Act state that the nationality will automatically be lost upon acquisition of another nationality, I would say it would not. The Austrian system requires statelessness and nothing else.David de Grootnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-67493822690112837732020-06-16T01:24:16.608-07:002020-06-16T01:24:16.608-07:00Indeed, you should sell your car if you intend to ...Indeed, you should sell your car if you intend to apply for Austrian citizenship... One can only be astounded by the arguments used by Austria to come back on their promise to grant Austrian citizenship! More seriously : 1) is the ECJ the right forum to address the very relevant question of the compatibility between the (peculiar) Austrian policy of the nationality guarantee and international law?; 2) should Estonia not have provided that the renunciation was conditional upon effective acquisition of the Austrian citizenship, 3) I completely agree that this is the right case for the ECJ to make clear that its Rottmann/Tjebbes case law also applies to acquisition of the nationality of a MS. The peculiar mechanism used by Austria could backfire : by withdrawing the promise made to grant Austrian citizenship, the central question becomes one of acquisition and no longer of loss...Patrick Wautelethttp://annuaire.uliege.be/patrick.wauteletnoreply@blogger.com