Lord Hamilton of Epsom – 2016 Parliamentary Question to the Home Office
The below Parliamentary question was asked by Lord Hamilton of Epsom on 2016-02-25.
To ask Her Majesty’s Government what assessment they have made of the judgment of the European Court of Justice in Rottmann v Freistaat Bayern (Case C-135/08) that a decision by an EU member state to deprive a person of national citizenship cannot result automatically from the fact that the person in question acquired that status by deception, in particular in the light of Section A of the Decision of the Heads of State or Government, meeting within the European Council, concerning issues raised by Denmark regarding the Treaty on European Union (Official Journal C348/1, 31/12/92).
Lord Bates
The European Court of Justice confirmed in the case of Rottmann that it was required to take into account the Edinburgh Decision of 1992 when interpreting the EU Treaties. On the facts of the case, the Court found that the decision to deprive the applicant of German nationality had to comply with the EU principle of proportionality. The Court considered that this conclusion was consistent with the Edinburgh Decision.
In its application of this judgment, the UK Court of Appeal confirmed in the case of G1 that Member States retain competence over the acquisition and loss of citizenship and the principle in Rottmann only applies if EU law is engaged on the particular facts of each case.
