Automatic loss of German citizenship – disproportionate?

However, this was different before June 27, 2024. Until that date, as soon as another nationality was acquired, German citizenship was automatically lost – without any notification from any authority.

One such case has now been decided before the European Court of Justice (ECJ). The ECJ ultimately upheld the automatic loss of German citizenship.

The ECJ has no objections in principle to the fact that, under German law, German citizenship is lost if naturalized citizens in Germany later revert to their previous citizenship. However, the EU Court does impose one restriction: the consequences must also be proportionate for those affected (ECJ, judgment of April 25, 2024 – C‑684/22 et al.).

The case involved the following: Several former German citizens challenged in court the loss of their German citizenship, which they had acquired through naturalization in 1999. In order to become German citizens, they had to renounce their Turkish citizenship at the time. After naturalizing in Germany, they regained Turkish citizenship upon their own application. Due to a change in German law that came into effect in early 2000, this reacquisition of Turkish citizenship resulted in the automatic loss of their German citizenship.

The German court expressed doubts about the compatibility of this automatic loss of German citizenship with EU law. Since the persons concerned do not also hold the nationality of another Member State of the European Union, the loss of German citizenship also entails the loss of EU citizenship and thus the right to move and reside freely within the European Union. The German court therefore referred the matter to the European Court of Justice.

The ECJ first clarified that EU law does not, in principle, preclude a national provision that stipulates that a person who voluntarily acquires the nationality of a third country automatically loses the nationality of that Member State and, consequently, also loses Union citizenship. It is entirely legitimate for a Member State to wish to protect the relationship of special attachment and loyalty existing between it and its citizens, as well as the reciprocity of rights and obligations underlying the bond of nationality.

However, the associated loss of Union citizenship may have disproportionate consequences for those affected in individual cases. The affected person must therefore have the opportunity to approach the German authorities and courts to determine whether the loss of Union citizenship has disproportionate consequences for them. If this is the case, they must be able to retain their nationality and thus Union citizenship, or, if necessary, regain it retroactively.

The German authorities and courts will now have to examine this. The impact of the ECJ ruling will be limited due to the aforementioned new regulation on permitted multiple nationality. However, it must now be examined whether persons who automatically lost their German citizenship by adopting another nationality before June 27, 2024, may be disproportionately restricted in their EU rights.