European Union member states retain the right to conduct investigations even after the fact regarding naturalized individuals if authorities determine that the nationality was acquired through a sham marriage. This decision was reached by the Court of Justice of the European Union (ECJ) in a ruling published on Thursday.
The case involved a third-country national who arrived in Ireland as a student. Shortly before the expiration of his residency permit, he married an EU citizen. Following the marriage, he received a residence card and later acquired Irish citizenship.
However, Irish authorities suspected that the marriage was fraudulent and that the right to residency had been obtained through deception. The Irish Minister for Justice identified the use of fraud and legal abuse, arguing that the rights derived from the Free Movement Directive should be considered revocable from the beginning. The individual appealed these decisions, arguing that as an Irish citizen, he no longer fell under the scope of the directive.
The ECJ clarified that the directive applies to EU citizens residing in another member state, as well as their family members. Nevertheless, it does not govern the situation of a person who has obtained the nationality of the host member state. Despite this, Member States may take measures concerning previously granted rights, even if the person is no longer a beneficiary of the directive when the authorities intervene.
Luxembourg judges stressed that this power must be exercised while adhering to the principle of proportionality and procedural guarantees. According to the court, it is therefore possible to introduce consequences later, including the withdrawal of citizenship and the loss of the EU citizen status, provided that the requirements of EU law are met (Court ruling in case C-560/24).
