Fréttir
Possibility of reopening cases concerning proof of retaining Danish citizenship based on a judgment from the European Court of Justice
Based on a judgment handed down by the European Court of Justice on 5 September 2023 in case C-689/21, the Ministry of Immigration and Integration has assessed that it must take into consideration a number of additional elements when processing all applications for proof of retention of Danish citizenship in order to carry out an individual consideration of the consequences in relation to EU-law of the loss of a Danish citizenship and, as a result, the loss of Union citizenship – irrespective of the time when the application was submitted.
This assessment was previously only carried out in cases when the application was submitted before the age of 22.
In all future cases when the loss of Danish citizenship at the age of 22 also means a loss of EU citizenship, the Ministry of Immigration and Integration will carry out an assessment whether the effects of the loss of EU citizenship under EU law are proportional to the purpose of the loss of citizenship, (i.e. the consideration whether there is a real affiliation between Danish citizens and Denmark).
The Ministry of Immigration and Integration further assesses that there is a need to amend Section 8 of the Danish Nationality Act so that the wording and explanatory notes of this section are consistent with EU law.
Possibility of reopening a case
The judgment has legal effects from the time of enforcement, 1 November 1993, of the interpreted rule, TFEU article 20.
Former Danish citizens can request the Ministry to reassess their application if they turned 22 on or after 1 November 1993, and if after turning 22 they have applied to retain Danish citizenship, and if they have received a decision from the Danish Ministry of Immigration and Integration on loss of citizenship, and in turn loss of their Union citizenship. It will be a prerequisite for reassessment that the loss of citizenship had effects under EU law. This will generally be the case if the applicant has had a family or employment affiliation with another EU member state than Denmark before the age of 22.
When processing reopened cases, the Ministry of Immigration and Integration emphasizes the actual circumstances, including affiliation aspects up to the applicant's 22nd birthday. This means that affiliation with Denmark and other EU countries after the age of 22 will not be included in the assessment of the applicant’s retention of Danish citizenship.