Judgment of the Court in Case C-689/21 | Udlændinge- og Integrationsministeriet (Loss of Danish nationality)
Date of article: 05/09/2023
Daily News of: 05/09/2023
Country:
EUROPE
Author:
Article language: en
Link: bg es cs da de et el en fr hr it lv lt hu mt nl pl pt ro sk sl fi sv
Available languages: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-09/cp230131en.pdf
Denmark may make the retention of Danish nationality dependent on the existence of a genuine connection with that country
However, where the person concerned does not hold the nationality of another Member State, so that the loss of Danish nationality would also entail the loss of Union citizenship, he or she must be able to have the proportionality of that loss examined
Denmark may, in principle, provide that its nationals born abroad who have never lived on its territory lose Danish nationality at the age of 22. However, that measure must have due regard to the principle of proportionality when it also entails the loss of European citizenship. This is the case if the person concerned does not hold the nationality of another Member State. EU law precludes the permanent loss of Danish nationality and therefore of European citizenship without the person concerned having been notified or informed of this, or having had the opportunity to request an individual examination of the consequences of that loss.
The daughter of a Danish mother and an American father has held, since her birth in the United States, Danish and American nationality. After reaching the age of 22, she applied in Denmark to retain her Danish nationality. The competent authority informed her that she had lost Danish nationality at the age of 22. According to Danish law, a person born abroad who has never lived in Denmark and who has also not resided there in circumstances indicating a sufficiently close attachment to that country is to lose his or her Danish nationality upon reaching the age of 22, unless he or she would thereby become stateless. The person concerned may apply to retain his or her nationality, but only between his or her 21st birthday and 22nd birthday. Failing that, he or she may apply only for naturalisation, albeit under less stringent conditions for former Danish nationals.
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