CJEU – Rottmann, C-135/08

Court name: Court of Justice of the European Union
State: Germany
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality, European Union law, Other international law, Universal Declaration of Human Rights (UDHR)
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Stateless status and documentation, Statelessness determination, Voluntary renunciation of nationality

An Austrian national by birth transferred his residence to Germany and naturalised as a German national. The naturalisation in Germany had the effect, in accordance with Austrian law, of causing him to lose his Austrian nationality. The German authorities later withdrew the naturalisation with retroactive effect, on the grounds that the applicant had not disclosed that he was the subject of a criminal investigation in Austria on account of suspected serious fraud, and that he had thus obtained German nationality by deception. The Court held that it is not contrary to EU law for a Member State to withdraw nationality obtained by deception, even if it results in losing EU citizenship, so long as the decision observes the principle of proportionality. Observance of the principle of proportionality requires the person concerned to be afforded a reasonable period of time in order to try to recover the nationality of their Member State of origin.

ECtHR - Ghoumid and Others v. France

Court name: European Court of Human Rights
State: France
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Respect for private and family life, Stateless status and documentation

Five applicants of dual nationality, convicted in 2007 of participating in a criminal association in a terrorist context, were stripped of their French nationality in October 2015 by Prime Minister decrees. The Court held that the decision to forfeit the applicants’ French nationality did not have a disproportionate impact on their private lives and therefore was not in violation of Article 8 of the Convention.

ECtHR - Alpeyeva and Dzhalagoniya v. Russia

Court name: European Court of Human Rights
State: Russian Federation
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Respect for private and family life, Stateless status and documentation

Two applications (joined before the Court) concerned the removal of and the refusal to exchange passports, leaving the applicants stateless and without identity documentation, after the relevant Russian authorities found their Russian citizenship to be granted erroneously. The Court held the withdrawal of identity documents, which affected the exercise of their rights and freedoms in their daily lives, was a violation of Article 8 of the Convention.

Austria - Constitutional Court case of 20 December 2013

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:
Key aspects: Burden of proof, Country of return, Deprivation of nationality, Determination/confirmation of nationality, Protection, Residence permit, Standard of proof, Stateless status and documentation, Statelessness and asylum, Statelessness determination

Applicant is a refugee from Vietnam, whose refugee status was withdrawn after a number of criminal convictions, combined with the fact that he made a safe trip to Vietnam. He applied for a travel document for foreigners claiming that he is stateless or at least that his nationality status is unclear. The authorities maintained that he was still a Vietnamese national, but the Court sided with the applicant, insisting that the authorities should have taken more factors into account in considering the applicant's potential statelessness.