The Council of State posed questions to the European Court about automatic loss of Dutch nationality. Based on Dutch law, Dutch citizens and their minor children who live outside of the European Union for longer than 10 years can automatically lose their Dutch nationality. This is the case if they also have another nationality and no Dutch passport, ID-card or declaration of Dutch citizenship has been issued over this period. The minor children of those persons will also automatically lose their Dutch nationality. This has huge consequences for many people who might not be aware of the fact that they are no longer Dutch.

The Council of State is now asking the European Court whether European law is obligated to individually review and asses these cases as to whether this automatic loss is proportionate. After the European Court has answered these questions, the Council of State will decide on the basis of these answers whether the Dutch national law with the automatic loss-clause is contrary to the European law and whether an individual and proportionality test needs to be made.

For more information about these questions and obtaining and loss of Dutch nationality, you can contact Scheers Advocacy