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citizenship deprivation orders show that most of those deprived of citizenship are Muslim
men; some of them had lived in the UK from an early age; most of them entered the UK as
asylum seekers, and later on naturalized. Although most cases relate to national security,
only a fraction of them have been prosecuted for criminal terrorist acts. Statelessness has
been the most effective shield against citizenship deprivation, while Article 8 ECHR or EU
citizenship arguments was not successful (Mantu 2015, 226), which explains the political
insistence on reversing the protection against statelessness introduced in 2002 to align UK
law with international standards.
Citizenship deprivation in France: republican principles and (dis)loyal
citizens
French nationality law allows for loss of nationality where the loyalty and allegiance of the
person concerned are disputed. The law distinguishes between loss that is applicable to all
French nationals (Article 23 Civil Code), and deprivation – applicable only in respect of naturalized citizens (Article 25 Civil Code). All the changes adopted or discussed in the past
20 years or so concern Article 25 Civil Code, which aims to sanction a lack of allegiance and
can be applied only in the following circumstances: (1) conviction for acts against the fundamental interests of the nation; (2) conviction for crime or offence constituting acts of
terrorism; (3) conviction for crimes considered to be crimes against the public administration
(crimes committed by persons holding a public office); (4) acts of insubordination; and (5)
engaging, for the benefit of a foreign state, in acts that are incompatible with the quality of
French national and commission of acts that are prejudicial to the interests of France. In the
last case, deprivation can occur in the absence of a conviction. The requirement to first be
convicted of a specific crime (4 out of 5 situations) before being deprived of citizenship
functions as an extra safeguard, especially when considering the UK situation where a criminal conviction is not essential for a citizenship deprivation order. Similar to the UK, citizenship
deprivation entails an administrative procedure that gives the executive the power to decide
whether to pursue citizenship deprivation. The person concerned needs to be notified of
the government’s intention to deprive, and be given the opportunity to make observations
and mount an appeal (Decree no 93-1362). The order to deprive has to be motivated stating
the legal and factual grounds upon which the measure is taken; the authorities can proceed
with deprivation only after the favorable opinion of the Council of State1.
The changes underwent by French nationality legislation can be situated in the context
of several national debates addressing the links between citizenship, integration, the importance of French values, and the need to uphold the Republican notion of citizenship
(Fulchiron 2017; Roques 2008). According to Bertossi and Hajjat (2012) since 2003 every new
immigration law has also affected nationality law, leading to the rather paradoxical situation
where nationality as a concept is no longer at the heart of debates on the future of French
citizenship. The notion of laïcité and the conflict between French republican values and Islam
drive debates on French citizenship, in which the allegiance of dual French–Algerian citizens
figures strongly (Nicholls 2012; Weil 2008). French anti-terrorism legislation reflects an
increasing nexus between security and immigration, while riots and violent clashes with the
police in France’s poor immigrant neighborhoods start to be addressed as security threats.
Some of the changes operated by the French Government are better understood as having
the dual purpose of fighting terrorism and lack of integration, an issue strongly associated