Citizenship Loss and Deprivation in the European Union (27 + 1)
with the armed forces or a comparable armed organization of a foreign State whose citizenship he or
she possesses.” This very limited possibility to revoke someone’s nationality for lack of loyalty comes
from a firm liberal commitment of the German Federal Republic in the aftermath of the Second World
War, during which the Nazi regime massively resorted to nationality revocation.47 But this liberal and
restrictive approach to citizenship deprivation was recently abandoned.
This limited provision for nationality revocation in case of enlistment in a foreign army did not allow
German authorities to revoke the nationality of those who engage in terrorist activities with non-state
actors. This is why the German government decided to propose the extension of the provisions of the
German Nationality Act in order to allow for the revocation of the nationality of disloyal citizens,
especially in case of terrorist activities.48 The legislator amended section 28 of the 2019 Third Act
Amending Nationality Law49 by adding a new paragraph stating that the German citizen “who actively
participates in fighting with a terror organization abroad loses German citizenship unless he or she would
thereby become stateless.” Similarly to the United Kingdom, it was precisely the intent of the
government to use nationality revocation to prevent citizens currently abroad from returning to national
soil. The general observations accompanying the bill drafted by the federal government stated explicitly
that the loss of nationality was designed to target “fighters [who] are still in the remaining bastions or
retreats of IS.”50 It seems, however, that German authorities have not yet used this new possibility.
Contrary to Germany, France did not succeed in reforming its laws on nationality revocation.
France’s legislation already allows the government to revoke the nationality of a citizen who has been
convicted of terrorist acts. However, this provision, laid down in article 25 of the civil code, only targets
naturalised citizens. In 2015, following the Paris attacks, President Hollande proposed to amend the
constitution to authorise the revocation not only of naturalised citizens, but also of birthright citizens, in
order to achieve full equality between citizens. Again, following the United Kingdom’s lead, French
authorities planned to amplify banishment measures. The government’s observations accompanying the
constitutional reform specifically stated that “[t]he extension of French nationality revocation cases will
contribute furthermore to reinforce the protection of French society by allowing, inter alia, a long-term
removal, through expulsion measures, of persons with a proven dangerous character […] and to forbid
their return to the territory.”51 This reform, however, did not pass.
The Assemblée Nationale, the French lower chamber, accepted the idea of nationality revocation
targeting both naturalised and birthright citizens. The majority considered this reform as a suitable tool
to no longer discriminate naturalised citizens in this respect and, consequently, as a major step towards
equality among citizens. The majority also refused to provide for any safeguards against statelessness
in the constitutional reform, because to do otherwise would have created another inequality, this time
between people with dual and single citizenship. To achieve full equality – i.e., not only between
naturalised and birthright citizens, but also between individuals with single and dual citizenship – the
deputies were thus ready to pass a constitutional law without any formal safeguard against
statelessness.52 The Senate, the French upper chamber, whose agreement is needed to pass a
47
A second important protection was the so-called “Inlandsklausel” that was in force until 1999 and did not allow for the
revocation of nationality of Germans residing in Germany, see below 3.2.3.(2).
48
Gärditz, K.-F. and A. Wallrabenstein (16 June 2019). “Staatsangehörigkeit in Geiselhaft.” VerfBlog. Retrieved from here.
49
Drittes Gesetz zur Änderung des Staatsangehörigkeitsgesetzes, Federal German Law Gazette (BGBl), 8 August 2019 I(29),
1124.
50
Deutscher Bundestag (29 April 2019). Gesetzentwurf der Bundesregierung. Entwurf eines Dritten Gesetzes zur Änderung
des Staatsangehörigkeitsgesetzes (Report No. Drucksache 19/9736), 7. Retrieved from here.
51
Assemblée Nationale (23 December 2015). Projet de Loi Constitutionnelle de Protection de la Nation. Exposé des Motifs
(Report No. 3381), 6-7. Retrieved from here.
52
The Prime Minister Manuel Valls promised, in the eventuality of the adoption of the constitutional reform, that the
government would launch the ratification process of the 1997 European Convention on Nationality (which fully prohibits
statelessness in case of nationality revocation).
European University Institute
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