Possibility of Reopening Certain Cases on the Forfeiture of Danish citizenship
Possibility of
reopening certain cases on the forfeiture of Danish citizenship under the
former Section 7 of the Danish Nationality Act based on a judgment from the Court
of Justice of the European Union (CJEU)
Based on a
judgment passed by the Court of Justice of the European Union on 25 April 2024
in the cases C-684/22 to C-686/22, the Danish Ministry of Immigration and Integration
has assessed that the ministry, when assessing the forfeiture of Danish
citizenship as a result of being granted a foreign citizenship under the
previously applicable section 7 of the Danish Nationality Act, must include a
number of additional factors to carry out an individual assessment of the
effects in relation to EU law of a forfeiture of Danish citizenship and thus of
EU citizenship.
Such an
assessment has not previously been made in cases in which a forfeiture
assessment has been made pursuant to the previously applicable section 7 of the
Danish Nationality Act.
In the future, in
all cases when the forfeiture of Danish citizenship also entails the forfeiture
of EU citizenship, the Danish Ministry of Immigration and Integration will thus
assess whether the effects in relation to EU law of the forfeiture of EU
citizenship are proportional to the forfeiture.
The Danish Ministry
of Immigration and Integration also assesses that there is a need to amend the Danish
Nationality Act to ensure clarity about the citizens' legal position.
Please
consult the Danish Minister for Immigration and Integration's briefing to the
Danish Parliament, Folketinget, on the
judgment and its legal effects here UUI Almdel Bilag 145 Notat om
opfølgning på EUDomstolens dompdf (ft.dk).
Possibility
of reopening a case
The
judgment has legal effects from the commencement date of the interpreted rule,
Article 20 of the TFEU, effective on 1 November 1993.
Former
Danish citizens who were granted a foreign citizenship in the period between 1
November 1993 and before 1 September 2015, when section 7 of the Danish
Nationality Act was repealed, and who thus lost their Danish citizenship, and
who received a decision from the Danish Ministry of Immigration and Integration
on forfeiture of citizenship, whereby they also lost their EU citizenship, can
request that the ministry should reopen their case.
Read the
judgment of the Court of Justice of the European Union of 25 April 2024 in
cases C-684/22 to C-686/22 CURIA - Dokumenter (uim.dk).