Opinion of the Advocate General — ECLI:EU:C:2021:530
Date: 2021-07-01
Language of the case: German
Subject matter: Citizenship of the Union
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary Conclusions, UNHCR, Tunis, Tunisia, 31 October – 1 November 2013, pp. 1-15, in particular p. 10, paragraph 44. These conclusions are available at the following address: https://www.refworld.org/pdfid/533a754b4.pdf. My emphasis. 67 Ibid., p. 10, paragraph 45. 68 See Article 4 of the Convention on Nationality. See also Article 15(2) of the Universal Declaration of Human Rights, adopted on 10 December 1948 by the General Assembly of the United Nations, which provides that ‘no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’. 69 See, to that effect, the judgment in Tjebbes and Others, paragraph 40 and the case-law cited. 70 According to the Court, this likewise applies where nationality is lost, even if that nationality was obtained fraudulently. See, to that effect, the judgment in Rottmann, paragraph 59. 71 See point 56 of this Opinion. 72 Account should be taken of the fact that this condition applies to all applicants for Austrian nationality. 73 Paragraph 56. 74 With regard to those circumstances, I note that that case-law does not establish a numerus clausus. 75 JY stated that the fine amounted to EUR 112. 76 JY stated that the fine amounted to EUR 300. 77 See also footnote 65 of this Opinion. 78 I would draw attention to the fact that, in this case-law, the Court does not refer directly to Articles 27 and 28 of Directive 2004/38. 79 Judgment of 13 September 2016, Rendón Marín (C‑165/14, EU:C:2016:675, paragraph 81). 80 Judgment of 13 September 2016, Rendón Marín (C‑165/14, EU:C:2016:675, paragraph 82). See also judgments of 4 December 1974, van Duyn (41/74, EU:C:1974:133, paragraph 18); of 26 February 1975, Bonsignore (67/74, EU:C:1975:34, paragraph 6); of 28 October 1975, Rutili (36/75, EU:C:1975:137, paragraph 27); of 27 October 1977, Bouchereau (30/77, EU:C:1977:172, paragraph 33); of 19 January 1999, Calfa (C‑348/96, EU:C:1999:6, paragraph 23); and of 29 April 2004, Orfanopoulos and Oliveri (C‑482/01 and C‑493/01, EU:C:2004:262, paragraphs 64 and 65). 81 Judgment of 13 September 2016, Rendón Marín (C‑165/14, EU:C:2016:675, paragraph 83). 82 The judgment in Tjebbes and Others, paragraph 45 and the case-law cited. I would recall that Article 1 of the Charter, which is entitled ‘Human dignity’, states that, ‘human dignity is inviolable. It must be respected and protected’. 83 Opinion of Advocate General Mengozzi in Tjebbes and Others (C‑221/17, EU:C:2018:572, point 88).