Rottmann Case-Law
28-3-2010 21:19
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl...
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OPINION OF ADVOCATE GENERAL POIARES MADURO delivered on 30 September 2009 1(1)
Case C 135/08
Janko Rottmann v Freistaat Bayern
(Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany))
(European citizenship – Loss – Lapse of the nationality of the Member State of origin upon acquisition of the nationality of another Member State – Withdrawal of the new nationality on account of deception involved in its acquisition)
1. This reference for a preliminary ruling raises for the first time the question of the extent of the discretion available to the Member States to determine who their nationals are. In so far as citizenship of the European Union, which depends, admittedly, on enjoyment of the status of national of a Member State, is established by the Treaty, can the powers of the Member States to lay down the conditions for the acquisition and loss of nationality still be exercised without any right of supervision for Community law? That is, in essence, the point at issue in this case. This case therefore calls for clarification of the relationship between the concepts of nationality of a Member State and of citizenship of the Union, a question which, it need hardly be emphasised, to a large extent determines the nature of the European Union. I – The case in the main proceedings and the questions referred for a preliminary ruling 2. The applicant in the main proceedings, Mr Rottmann, was born in Graz (Austria) in 1956 and acquired Austrian citizenship by virtue of his birth within the territory of that State. Through the effect of the accession of the Republic of Austria to the Union on 1 January 1995, he also became, as an Austrian national, a citizen of the Union. 3. Following an investigation concerning him carried out by the Federal Police in Graz
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl...
IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.
OPINION OF ADVOCATE GENERAL POIARES MADURO delivered on 30 September 2009 1(1)
Case C 135/08
Janko Rottmann v Freistaat Bayern
(Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany))
(European citizenship – Loss – Lapse of the nationality of the Member State of origin upon acquisition of the nationality of another Member State – Withdrawal of the new nationality on account of deception involved in its acquisition)
1. This reference for a preliminary ruling raises for the first time the question of the extent of the discretion available to the Member States to determine who their nationals are. In so far as citizenship of the European Union, which depends, admittedly, on enjoyment of the status of national of a Member State, is established by the Treaty, can the powers of the Member States to lay down the conditions for the acquisition and loss of nationality still be exercised without any right of supervision for Community law? That is, in essence, the point at issue in this case. This case therefore calls for clarification of the relationship between the concepts of nationality of a Member State and of citizenship of the Union, a question which, it need hardly be emphasised, to a large extent determines the nature of the European Union. I – The case in the main proceedings and the questions referred for a preliminary ruling 2. The applicant in the main proceedings, Mr Rottmann, was born in Graz (Austria) in 1956 and acquired Austrian citizenship by virtue of his birth within the territory of that State. Through the effect of the accession of the Republic of Austria to the Union on 1 January 1995, he also became, as an Austrian national, a citizen of the Union. 3. Following an investigation concerning him carried out by the Federal Police in Graz