Citizenship Deprivation under the European Convention-System
Proportionality, evidently, also entails that a balance must be struck between
the general interest, the prevention or countering of terrorism and the individual’s
interests. 130 In this regard, the lapse of time between the deprivation measure and
the conferral or acquiring of citizenship is important. 131 The consequences on
one’s private and family life will be greater when a person has lived there for 15
years, rather than those who have lived there for three. How this time limit is
determined is unclear, as no advice has been given by the ECtHR on its
determination. However, the effective community ties doctrine from Biao v
Denmark might overcome this problem of proportionality altogether. 132 This is
because the relevant matter at stake here, is that consideration should be given to
people who have lived in a certain country for many years and have built strong
ties with its community. If countries would grant protection to this category of
nationals, instead of ‘nationals born as nationals’ (who may very well fall under
the first category as well, granted they possess effective community ties), this
particular issue of proportionality would dissolve.
To conclude, in light of the ECtHR jurisprudence, the difference installed
between children born Belgian and those who became Belgian, because of the
status of their parents, seems difficult to maintain.
CONCLUSION
Citizenship deprivation is increasingly being used as a security tool. From recent
legislative initiatives, such as in Belgium, we learn that denationalisation
legislation is strengthened in order ‘to fight more effectively against terrorism’.133
This article considered the impact on the fundamental rights of the individuals
targeted by such legislation. What protection is offered for them by the ECHR
system?
The ECtHR evaluates the issue of citizenship deprivation under art 8 of the
ECHR. As was demonstrated by the judgment of Ramadan, the Court considers
art 8 to be mainly a protection against expulsion. 134 When expulsion is off the
table, as was the case in Ramadan, the Court does not seem to have an issue with
citizenship deprivation (even if this leads to statelessness). 135 In other words, the
examination of the impact of the decision on the right to private and family life
only happens when a subsequent expulsion decision is taken, as was the case in
the decision of Said Abdul Salam Mubarak. 136 At such a point, the ties the
individual possesses with the community in question, as well as their country of
origin, are weighed in the proportionality test. 137 However, such case law ignores
the impact of citizenship deprivation on a person’s private life in the event that
expulsion does not happen. Expulsion is only one consequence of the former,
together with many other rights and benefits which are dependent on citizenship
status. The Belgian situation demonstrates policy discrepancies, as it allows for
130 See, eg, Klass v Germany (1979) 2 EHRR 214, 237 [59].
131 In its landmark Rottman ruling, the European Court of Justice stressed the importance of ‘the
132
133
134
135
136
137
lapse of time between the naturalization decision and withdrawal decision’: Rottman v
Fraistaat Bayern (C-135/08) [2010] ECR 1467, 1490 [56].
Biao (n 99) 45–6 [138]–140].
Act to Reinforce the Fight against Terrorism (n 5).
Ramadan (n 11) 113 [56].
ibid.
Said Abdul Salam Mubarak (n 15) 18–23.
ibid 22 [78].
281