European Citizenship and the Competence of Member States to Grant and to Withdraw the Nationality of their Nationals

AuthorHanneke van Eijken
PositionLL.M. Ph.D. candidate European Law, Europa Institute, Utrecht University, The Netherlands
Pages65-69
European Citizenship and the Competence of Member States to
Grant and to Withdraw the Nationality of their Nationals
Case C-135/08, Janko Rottmann v Freistaat Bayern, Judgment of the Court of Justice of the EU (Grand Chamber) of 2 March
2010
Hanneke van Eijken
Merkourios - Criminal Justice and Human Rights - Vol. 27/72 65
Merkourios 2010 – Volume 27/Issue 72, Case Note, pp. 65-69.
URN: NBN:NL:UI:10-1-100927
ISSN: 0927-460X
URL: www.merkourios.org
Publisher: Igitur, Utrecht Publishing & Archiving Services
Copyright: this work has been licensed by the Creative Commons Attribution License (3.0)
Keywords
European citizenship, Nationality, Division of Competences between Member States and the EU, Proportionality, ECJ.
Abstract
In the case of Janko Rottmann, the competence of the Member State to grant and to withdrawal the nationality of their
nationals is topic of debate. Does the fact that European citizenship is founded on the nationality of the Member States pre-
clude the exercise of this competence without considering the consequences for the status and rights of Union citizenship?
e Court of Justice of the EU concludes in the present case that this exercise of competences by the Member States may be
limited by the principle of proportionality. In this case note this judgement is analysed, also in the context of previous case
law on Union citizenship and nationality.
Author aliations
LL.M. Ph.D. candidate European Law, Europa Institute, Utrecht University, e Netherlands.
Case Note
Case Note

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