Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
birth into a mixed marriage, from naturalised immigrant parents or from non-citizen parents
in country with a ius-soli system or naturalisation - it is clear that the large majority of dual
nationals are of immigrant origin. They are migrants or children of migrants. In countries
where the official policy is to avoid dual nationality (e.g. Germany and the Netherlands),
exceptions are made for large categories of persons who are not required to denounce their
previous nationality at naturalisation, such as refugees, spouses of nationals or for whom
renunciation is legally impossible. Due to that last exception almost all Dutch nationals of
Moroccan origin are dual nationals. French researchers concluded that 90% of the French dual
citizens are immigrants or descendants of immigrants.24 This fact is relevant for answering the
legal question whether unfavourable treatment in legislation or government practice which
de iure or de facto can only be applied to dual nationals is compatible with the prohibition of
racial or ethnic discrimination. The overwhelming majority of single Dutch, French or German
nationals will be ethnic Dutch, French or Germans. They do not run the risk of being deprived
of their nationality however outrageous the terrorist acts they committed may be. The
overwhelming majority of dual nationals are of immigrant origin and run the risk of being
deprived of their nationality if their engagement in terrorist activities is established.
Many dual nationals do not have the option of getting rid of their second nationality since the
countries concerned in law or in practice do not allow their nationals to renounce their
nationality. Considering their other nationality, according to the official Dutch statistics, in
2014 more than 350,000 Dutch dual nationals were in that position. In the 2015 official
estimate 15% of the German dual nationals had the nationality of a country that does not
allow voluntary loss of nationality.
3. Recent legislation on withdrawal of nationality in EU Member States
in relation to the fight against terrorism
The differences in treatment experienced by dual nationals are well illustrated by the
developments in several EU Member States (and the UK) regarding the withdrawal of
nationality in relation to the fight against terrorism. Over the past ten years several Member
States have introduced or reinforced legislation enabling the revocation of nationality of
citizens who are convicted for or believed to have engaged in terrorist activities. These
legislative changes were generally spurred by fears of terrorist acts by nationals of EU Member
States who sympathize with Islamic State and/or travelled to Syria or Iraq in connection with
the group. The table below shows which Member States have enacted legislation with the
specific aim of withdrawing the nationality of (suspected) terrorists. With the exception of
France, Denmark and the UK, this new ground for withdrawal was introduced quite recently,
in or after 2014 when IS started its activities in Syria. In all States but Italy and the UK
revocation of nationality is only possible if this will not result in the person concerned
becoming stateless. The consequence of this exemption is that only persons with dual (or
multiple) nationality can lose their nationality under the relevant provisions.
24
Simon 2010.
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