Court name: Constitutional Court
State: Romania
Date of decision:

The claimant is a stateless person whose Romanian nationality was withdrawn by the National Citizenship Authority (“Autoritatea Nationala a Cetateniei”) on the grounds that he is known to have links with terrorist groups or has supported, in any form, or has committed other acts that endanger national security. Romania law provides that in such cases, the order issued by the National Citizenship Authority can be appealed in court, and the decision issued by this court is final and irrevocable. The claimant raises an objection of unconstitutionality with regard to this law, because it violates the principle of the double degree of jurisdiction provided for in the EU law in criminal matters, assimilating the matter in question with a criminal matter as defined by the EU law.

 

 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.  

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant is a dual Moroccan-Dutch nationality, whose Dutch nationality was withdrawn as a consequence of his involvement in a terrorist organisation. The applicant argued that the legal ground for withdrawing nationality only affects dual nationals, who are almost always Dutch nationals with a non-Western background, and thus constitutes discrimination prohibited by the ECHR. The Court ruled that prevention of statelessness is a sufficient and objective justification of this distinction, and the distinction is therefore justified.