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Citizenship deprivation, or alternatives to it?

Publication at Faculty of Law |
2017

Abstract

The paper explores the problem of the deprivation of citizenship for disloyalty and studies alternative possibilities states have to tackle this problem. Its focus is on the European legal space, regulated, inter alia, by the European Convention on Nationality (ECN) which stipulates cases of permissible deprivation in its Art. 7.

A comparative study shows how selected European states approach the deprivation of citizenship for reasons which may fall within the ECN's wording "voluntary service in a foreign military force" and "conduct seriously prejudicial to the vital interests of the State Party". It is obvious that a number of European states (whether or not State Parties to the ECN) employ this power of deprivation.

It is, prima facie, an easy solution which also acts as a decisive gesture protecting the security of the state. However, international law, as well as domestic constitutional standards, set limits on the use of the deprivation.

Moreover, there are important political and political-strategic arguments against the use of the power to deprive, such as the questionable efficiency of this measure as regards public security. In addition, deprivation of citizenship will necessarily always be a minority option, if only in view of the fact that it can be used in most cases only in relation to bipolites.

Therefore, it is not only entirely legitimate but practically necessary to consider and employ alternatives to deprivation, some of which were discussed.