cover image: Golden passports European Commission and European Parliament reports built on quicksand


Golden passports European Commission and European Parliament reports built on quicksand

6 Jan 2023

There is no trace in this Recommendation of Article 21(2) of the Charter: ‘Within the scope of application of the Treaties and without prejudice to any of their specific provisions discrimination on the grounds of nationality is prohibited.’ The Commission points out that the assessment has to take place with the protection of fundamental rights in mind. [...] Even the fact that the Irish Republic conferred its nationality to a person born outside the Irish Republic but on the island in the UK did not bring the ECJ from its path: to withhold to the baby the fundamental freedom of movement was not allowed, ‘merely because the nationality of a MS was in fact solely acquired in order to secure a right of residence under Community law for a national of a no. [...] In the case of Poland the Commission turned out, in a fit of Realpolitik, to take its distance from rulings of the European Court of Justice on the independence of the Polish Judiciary, and to reward the Polish Republic for its stand in the Ukraine-Russian war at the cost of the central tenet of the rule of law, selling its birthright for a mess of pottage. [...] The Minister of Justice may revoke the Dutch nationality of persons condemned for having perpetrated certain terrorist crimes.40 This is consonant with art.7 (1) of the ECN that allows States to provide for the loss of its nationality in case of ‘conduct seriously prejudicial to the vital interests of the State Party’, a phrase derived from the 1961 Convention on the Reduction of Statelessness and. [...] The Charter of Fundamental Rights does not mention nationality, except for the prohibition of discrimination on the grounds of nationality.55 Nationality is however mentioned in the specific General Declaration of the (Maastricht) Conference on the nationality of a Member State, attached to the Maastricht Treaty, stating: ’The Conference declares that, wherever in the Treaty establishing the Europ.


Nathan Grassi

Published in
United Kingdom