Jules Lepoutre (3) Legislation Regarding Loss of Nationality of Persons Acquiring the Citizenship of their Country by Birth and Retaining Foreign Citizenship (L06) and, Conversely, Persons Acquiring Citizenship of their Country by Naturalisation and Retaining Foreign Citizenship (L10) These provisions are designed to encourage individuals to renounce the foreign nationality they have retained, despite the possession (by birth or by naturalisation) of the nationality of the state. In other words, the aim is to ask individuals to make a choice, preferably to renounce their foreign nationality, and, if not, to pronounce some kind of ‘forced release’ from the domestic nationality. Germany is probably one of the best illustrations of these modes of loss with its “optional model.” This model applies to individuals who acquired German nationality by birth through ius soli, and who retain foreign nationality (e.g., through ius sanguinis). The 1999 reform of the nationality law, which introduced a conditional ius soli, required them to make a choice after the age of 21 by formally declaring whether they want to retain the German nationality or the foreign nationality. If they declared their wish to retain the foreign nationality, the German one was lost ex lege. If they wished, on the contrary, to retain the German nationality, they had two years to “furnish proof” that the foreign nationality had been lost; if they were not able to prove their single-nationality situation, the German nationality was also lost ex lege. However, since 2014 this optional model no longer applies to children “born and raised” in Germany, i.e., children who have resided in Germany for eight years, attended school in Germany for six years, or completed school or vocational training. Beyond these three criteria, the law also establishes generally that children with “close relation to Germany” are not required to opt for one nationality – appreciation of this criteria is left to the administration which decides “on a case-by-case basis.”61 Permission to retain German nationality even in case of multiple nationality can also be granted by authorities when “renunciation or loss of the foreign citizenship was not possible or cannot reasonably be expected”. Lithuania possesses a similar system for dual citizenship acquired iure sanguinis from parents with different nationalities, but it applies a withdrawal procedure. Germany, however, is the only State to apply this ‘forced release’ or ‘optional model’ to citizenship acquired iure soli (L06). Seven other Member States only apply this mode of loss to individuals who have acquired their citizenship by naturalisation (L10).62 This is the reverse situation from loss of citizenship after acquisition of foreign citizenship (L05). In this situation, individuals acquire the nationality of the Member State, and are then expected, as a consequence, to renounce their foreign nationality. For instance, in the Netherlands, the government may issue a deprivation order if, after acquiring Dutch citizenship by naturalisation, the individual “has failed […] to make every effort to divest himself of his or her original nationality.” In Austria, the naturalised citizens have two years to renounce their foreign nationality after acquisition, otherwise the authority may revoke their naturalisation. After six years, however, revocation for this reason is no longer possible. Bulgaria, Estonia, Lithuania and Slovenia follow the same withdrawal procedure, without imposing any time limit on individuals for renouncing their foreign nationality. 3.2.2. Residence Abroad (1) International and European Legal Framework Loss of nationality in case of residence abroad links habitual residence on national soil with the preservation of nationality. It is based on the idea that emigrants must not remain forever attached to their country of origin, and that, at a certain point, the ties should be cut to let new links with the country of residence flourish. This mode of loss of nationality is therefore profoundly linked with the right to expatriate, and the right to change one’s nationality. This liberal connection explains why state 61 Farahat, A., and K. Hailbronner. Report on citizenship law: Germany, [Global Governance Programme], GLOBALCIT, Country Reports, 2020/05, [Global Citizenship]. 62 Austria, Bulgaria, Estonia, Lithuania, Netherlands, Slovenia, and Spain. 14 Robert Schuman Centre for Advanced Studies Working Papers