Revocation of an assurance of naturalisation through the CJEU's lense - story of JY v Wiener Landesregierung

Abstract

The paper analyses the CJEU's decision in JY v. Wiener Landesregierung, where the Court addressed the revocation of a conditional assurance of Austrian naturalization that left the applicant stateless after relinquishing Estonian citizenship. The CJEU ruled that such situations fall within the scope of EU law and emphasized the need for proportionality, especially given the minor nature of JY’s offences. While the Court advanced the legal protection of EU citizenship, it stopped short of condemning the conditional assurance system altogether. The paper analyses this cautious stance, highlights inconsistencies in Austrian case law, and suggests reforms to prevent similar future outcomes, including unconditional assurances and proportionality safeguards.