Cyprus’s Supreme Constitutional Court has unanimously ruled that marriage to a Cypriot citizen does not create any vested or guaranteed right to naturalisation, confirming that the state retains broad discretion in deciding whether to grant citizenship. The judgment, issued on 10 December 2025, rejected an appeal filed by a foreign applicant against a previous decision of the Administrative Court.
The appellant had asked the court to overturn the rejection of his application for registration as a Cypriot citizen based on his marriage to a Cypriot national, under Article 110 of the Population Register Law 141(I)/2002.
Court: Article 110 does not establish a subjective right to citizenship
In its ruling, the Supreme Constitutional Court clarified that Article 110 does not grant an automatic or enforceable right to citizenship. Instead, it outlines a procedure through which a foreign spouse may be registered as a citizen, provided specific criteria are met and subject to the Administration’s assessment.
The decision to approve or reject such an application, the court stressed, lies solely within the discretion of the Minister of Interior, who must weigh all relevant factors of each case.
Applicant’s behaviour and history were legitimately considered
The court found that the Administrative Court had correctly examined the applicant’s full administrative file, taking into account not only formal criteria but his broader personal history and conduct.
According to the ruling, the case file contained “problematic aspects” of the applicant’s behaviour, including incidents of domestic violence. It held that it was entirely legitimate for the authorities and the court to treat these as relevant considerations in assessing suitability for citizenship.
Decision consistent with ECHR and EU law
The appellant’s arguments alleging violations of fundamental rights were rejected. The Supreme Constitutional Court underlined that the setting of conditions for the acquisition or loss of nationality falls under the sovereign powers of each member state under international law.
The rejection of citizenship, when based on “objective and reasonable criteria aimed at protecting the interests of the State,” does not breach Article 8 of the European Convention on Human Rights, applicable EU law, or Article 15 of the Constitution of the Republic of Cyprus, provided it does not involve unjustified discriminatory treatment.
Case handled by the Legal Service
The case was presented before the Supreme Constitutional Court on behalf of the Attorney General by state advocate Nikoleta Nikolaou.
The ruling is viewed as significant, as it clearly delineates the limits of judicial intervention in naturalisation matters and reaffirms the state’s discretionary authority over citizenship decisions, an area closely tied to sovereignty and the protection of public interest.