Abstract

Citizenship Loss and Deprivation in the European Union (27 + 1)

Highlights

  • This report aims to describe the rules regarding loss of nationality within the Member States of the European Union (EU)

  • The six main categories that this report follows in order to examine citizenship loss in the European Union are divided between voluntary and involuntary loss of citizenship

  • The contractual vision of American citizenship eventually led to the adoption of the 1868 Expatriation Act – which states that “the right of expatriation is a natural and inherent right of all people” – and the adoption of the ‘Bancroft treaties’ between the United States and dozens of countries, which provided for the loss of citizenship of naturalised American citizens relocated to their country of origin

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Summary

Introduction

This report aims to describe the rules regarding loss of nationality within the Member States of the European Union (EU). The 1961 Convention on the Reduction of Statelessness is the first international treaty whose aim is to limit, inter alia, the power of States regarding nationality deprivation, on the one hand, by reducing and constraining the different deprivation measures leading to statelessness (mainly articles 7 and 8) and, on the other hand, by generally forbidding revocation of nationality “on racial, ethnic, religious or political grounds” (article 9) This Convention was ratified by 19 + 1 Member States.[2] Second and more recently, the 1997 European Convention on Nationality imposed for the firsttime general constraints on the grounds for nationality revocation, regardless of statelessness prevention. The terms ‘citizenship’ and ‘nationality’ are considered synonymous, both referring to the legal bond between a state and an individual

Origin of Voluntary Loss
International and European Legal Framework
General Conditions of Renunciation
Degree of Discretion
Origin of Involuntary Loss
Recent Trend
Legislations of Member States
Disloyalty or Lack of Merit
Fraud and Similar Acts
Loss Linked to Family Relationship
Conclusion
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