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Regaining Dutch citizenship in case of disproportionate consequences of loss

On February 12th the Administrative Jurisdiction Division of the Council of State issued their ruling in 6 cases of persons who lost their Dutch citizenship automatically, because they held dual citizenship, resided outside the Netherlands or the EU for more than ten years, and did not renew their passport during that time.

The Council of State ruled that the minister of Foreign Affairs must review in each individual case what the consequences are of the loss of Dutch citizenship – and therefore also the loss of European citizenship.

According to the Council of State, the review should concern only those consequences that were specific and foreseeable “from an EU-law point of view” at the moment that the loss occurred.

If those consequences are considered to be disproportionate, Dutch citizenship should be restored retroactively.

Please contact us with any questions regarding this subject.

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