Blanka Ujvari: The CJEU’s statelessness related case law - A step forward to reduction of statelessness in the Member States? Nr. 2024/04.

This article focuses on the CJEU’s statelessness related case law and aims to give an answer whether the case law can be considered as a step forward to reduction of statelessness in the Member States.

Statelessness is a rather controversial phenomenon in the European Union. According to Declaration No. 2 of the Maastricht Treaty it is for the Member States to lay down rules on nationality, however, in the Rottman case the CJEU determined its competence in citizenship related questions when the loss of EU citizenship is concerned.

The article therefore introduces and also analyses the judgements delivered by the CJEU on questions of the loss of EU citizenship where statelessness either de jure or de facto was considered, namely the Rottman case, Tjebbes case, Pancharevo case and the JY case; however, the article intentionally does not cover judgements where EU citizenship and the rights attached to it in general is in the highlight of the case.

After having the aforementioned cases analyzed I draw the consequence whether the CJEU’s case law can be considered as a step towards the reduction of statelessness in the  Member States.

The working paper is available for download here.