![]() ![]() Facts, legal background and the question referred As the Greek Government contended at the hearing before the Court, I consider that that solution is the only one which makes it possible to ensure that the competence of Member States to lay down the conditions for acquisition and loss of nationality is respected, and to conform to the scope of review of the proportionality of a national measure entailing loss of citizenship of the Union in the light of EU law. In particular, observance of that principle does not, in my view, involve an examination of either the indirect consequences entailed by the application of that legislation for the situation of each of the persons concerned or the circumstances specific to each individual case which are unrelated to the connecting factor between that person and the Member State concerned as chosen by the national legislature. As regards the first question, I consider that there is no need to depart from the grounds chosen by the national legislature for loss of citizenship of the Union in order to examine whether such legislation complies, inter alia, with the principle of proportionality. ![]() The question also arises as to whether citizenship of the Union and the child’s best interests preclude a Member State from providing that a child of that person loses the nationality of that Member State at the same time.Īs I shall explain in this Opinion, I consider that only the second question should be answered in the affirmative. In the present case it is, in essence, a question of whether Article 20 TFEU precludes provisions of national law under which an adult national of a Member State, who also has another nationality, loses the nationality of that State on the grounds that he has resided for more than 10 years, without interruption, in the territory of a third country. The Court previously considered this issue in the judgment of 2 March 2010, Rottmann ( C‑135/08, EU:C:2010:104), albeit in a different legal and factual context. In essence, the referring court is uncertain what discretion Member States have in laying down the conditions for loss of nationality. This request for a preliminary ruling from the Raad van State (Council of State, Netherlands) concerns the interpretation of Articles 20 and 21 TFEU and Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’). ![]() (Reference for a preliminary ruling - Citizenship of the Union - Article 20 TFEU - Articles 7 and 24 of the Charter of Fundamental Rights of the European Union - Nationality of a Member State and of a third country - Loss of the nationality of a Member State as a result of living outside the European Union for an uninterrupted period of 10 years - Unity of nationality within the family - Best interests of the child) (Request for a preliminary ruling from the Raad van State (Council of State, Netherlands)) 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. Request for a preliminary ruling from the Raad van State. Tjebbes and Others v Minister van Buitenlandse Zaken. Opinion of Advocate General Mengozzi delivered on 12 July 2018. Tjebbes and Others v Minister van Buitenlandse Zaken.#Request for a preliminary ruling from the Raad van State.#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.#Case C-221/17. Opinion of Advocate General Mengozzi delivered on 12 July 2018.#M.G. ![]()
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