Jules Lepoutre
constitutional reform, refused this extension. Senators considered that a constitutional reform extending
nationality revocation without any prohibition of statelessness was contrary to fundamental principles.
As a matter of consequence, it amended the bill to add the prevention of full statelessness. The reform
thus no longer achieved formal equality since nationals with only one nationality were protected from
deprivation. Because of the inability of the two chambers to reach an agreement, President Hollande
abandoned the reform.53
This shows the challenge that nationality revocation presents for contemporary liberal democracies.
It is indeed impossible to prohibit statelessness while maintaining equality among citizens, as both
principles are based on the same fundamental value. On the one hand, restricting revocation to the sole
individuals with two (or more) nationalities represents an indirect discrimination based on national
origin. On the other hand, authorising nationality revocation for all individuals, regardless of whether
they have a single nationality, can lead to statelessness which is prohibited. This liberal impasse cannot
be resolved, and every state that allows nationality revocation must make a choice between nondiscrimination and statelessness prevention.
3.2. Legislations of Member States
3.2.1. Possession of Another Nationality
(1) International and European legal Framework
International law has long regarded dual nationality as an evil of the same nature as statelessness.
International and European treaties were therefore designed to authorise, if not encourage, the limitation
of dual nationality, especially by providing for the involuntary loss of nationality when a foreign
nationality is acquired. From the standpoint of statelessness prevention, this mode of loss is rather
unproblematic, since the individual has acquired another nationality, which means that statelessness is
in principle not at stake. In any event, the 1961 Convention on Statelessness Reduction clearly states in
article 7(2) that “[a] national of a Contracting State who seeks naturalization in foreign country shall not
lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that
foreign country.” The 1963 European Convention on the Reduction of Cases of Multiple Nationality
even makes it an obligation for states, as article 1(1) stipulates that “Nationals of the Contracting Parties
who are of full age and who acquire of their own free will, by means of naturalisation, option or recovery,
the nationality of another Party shall lose their former nationality. They shall not be authorised to retain
their former nationality.” Due to the liberal trend towards dual citizenship, the chapter which includes
this article 1 has not been ratified or has been denounced by numerous Member States.54 More recently,
the 1997 European Convention on Nationality authorises in article 7(1)(a) “voluntary acquisition of
another nationality” as a mode of loss of nationality ex lege or by withdrawal (at the initiative of the
state), but it cannot lead to statelessness. Moreover, in article 14(1), the Convention allows dual
nationality in two instances: first, for children, in case of two nationalities acquired at birth (a); second,
for adults, in case of a second nationality automatically acquired through marriage (b). To date, there is
no international or European case law directly connected to the loss of nationality in case of voluntary
acquisition of another nationality.
53
On the matter, see, e.g., Zalc, C. (2018). “La Déchéance de Nationalité: Éléments d’Histoire d’une Révision
Constitutionnelle Ratée.” Pouvoirs, 166(3), 41-57.
54
Belgium, Denmark, France, Italy, Ireland, Luxembourg, and Sweden. Only Austria and the Netherlands are bound by the
chapter one.
12
Robert Schuman Centre for Advanced Studies Working Papers
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