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
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