Until 2015, Danish citizens who applied for foreign nationality would automatically lose their Danish citizenship. This automatic loss occurred without individual assessment and was in effect from the date the foreign nationality was granted. Dual citizenship was not recognized in Denmark until the legal change in 2015.
Legal Context and EU Implications
On November 1, 1993, with the Maastricht Treaty coming into force, EU nationals also became citizens of the Union. This granted them treaty-protected rights under Article 20 of the Treaty on the Functioning of the European Union (TFEU), which states:
“Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia: (a) the right to move and reside freely within the territory of the Member States.”
A landmark ruling by the Court of Justice of the European Union (CJEU) in April 2024 (Cases C-684/22 – C-686/22) clarified that the automatic loss of citizenship, without individual examination, breaches EU law. The court held that if the loss of nationality leads to the loss of Union citizenship and associated rights, the principle of proportionality must be applied. This ensures that such decisions are justified and balanced.
Denmark’s Legal Breach
Since Denmark applied the same automatic loss of nationality rule prior to 2015, the country was also in breach of EU law. This specifically affects individuals who lost Danish citizenship between 1993 (when Union citizenship was introduced) and 2015 (when dual citizenship was permitted).
Reopening of Citizenship Cases
In light of the CJEU ruling, Danish authorities have decided to reopen cases for individuals who lost their Danish nationality due to acquiring foreign citizenship during this period. The review process will assess whether the automatic loss of EU citizenship was proportionate and justified.
Who Is Affected?
The reopening of cases primarily concerns individuals who:
- Lost Danish nationality between 1993 and 2015.
- Lost EU citizenship as a result.
- Have not acquired citizenship from another EU Member State.
For individuals who regained Danish nationality after 2015 or obtained citizenship in another EU country, the impact of this ruling may be limited.
Path to Reacquisition
Regardless of the case review outcome, individuals who lost Danish nationality before 2015 can apply for reacquisition until June 30, 2026. The reacquisition process generally allows for the restoration of Danish citizenship unless the applicant has been convicted of a criminal offense.
If you lost your Danish citizenship
If you lost your Danish citizenship between 1993 and 2015 and have not regained it, you may be eligible to request an evaluation of whether the automatic loss was lawful under EU principles.
At Holm/Thomsen Law, we specialize in navigating complex nationality and EU law matters. Contact us today for a personalized assessment and to explore your options for restoring your citizenship rights.
