Answer given by Mr Reynders on behalf of the European Commission
20.12.2022
According to settled case-law of the Court of Justice of the European Union, it is for each Member State, having due regard to international law, to lay down the conditions for the acquisition and loss of its nationality[1]. In situations covered by EU law, Member States’ rules in the sphere of nationality must, however, have due regard also to EU law[2].
It is for Cyprus to decide whether to sign and ratify the European Convention on Nationality, which is an international law instrument. It is also for the national legislator to decide under what conditions Cypriot nationality can be acquired based on descent.
The Commission is competent to intervene with regard to Member States’ rules on the acquisition and loss of nationality only if they breach EU law.
- [1] See judgments of the Court of Justice of the European Union in Cases: Judgment of the Court of 7 July 1992, Micheletti and Others v Delegación del Gobierno en Cantabria, C-369/90, EU:C:1992:295; Judgment of the Court of 20 February 2001, Kaur, C-192/99, EU:C:2001:106, para. 19; Judgment of the Court (Grand Chamber) of 2 March 2010, Rottmann, C-135/08, EU:C:2010:104, para. 39; Judgment of the Court (Grand Chamber) of 12 March 2019, Tjebbes and Others, C-221/17, EU:C:2019:189, para. 30; Judgment of the Court (Grand Chamber) of 14 December 2021, V.М.А. v Stolichna obshtina, rayon ‘Pancharevo<QT.END>’</QT.END>, C‐490/20, EU:C:2021:1008, para. 38; Judgment of the Court (Grand Chamber) of 18 January 2022, Wiener Landesregierung, C‐118/20, EU:C:2022:34, para. 37.
- [2] Judgment of the Court (Grand Chamber) of 2 March 2010, Rottmann, C-135/08, EU:C:2010:104, para. 41 and 45; Judgment of the Court (Grand Chamber) of 12 March 2019, Tjebbes and Others C-221/17, EU:C:2019:189, para. 32; Judgment of the Court (Grand Chamber) of 14 December 2021, V.М.А. v Stolichna obshtina, rayon “Pancharevo”, C‐490/20, EU:C:2021:1008, para. 38; C‐118/20, Judgment of the Court (Grand Chamber) of 18 January 2022, Wiener Landesregierung, C‐118/20, EU:C:2022, para. 37.