Tjebbes v Minister van Buitenlandse Zaken

European Union – Immigration. Article 20 of the Treaty on the Functioning of the European Union, read in the light of arts 7 and 24 of the Charter of Fundamental Rights of the European Union, should be interpreted as not precluding legislation of a member state such as that at issue in the main proceedings, which provided under certain conditions for the loss, by operation of law, of the nationality of that member state, which entailed, in the case of persons who were not also nationals of another member state, the loss of their citizenship of the Union and the rights attaching thereto, in so far as the competent national authorities, including national courts where appropriate, were in a position to examine, as an ancillary issue, the consequences of the loss of that nationality and, where appropriate, to have the persons concerned recover their nationality ex tunc in the context of an application by those persons for a travel document or any other document showing their nationality. The Court of Justice of the European Union so held in proceedings concerning the decision of the Minister for Foreign Affairs, Netherlands, not to examine the applicants respective applications for a national passport.

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