Citizenship Loss and Deprivation in the European Union (27 + 1)
retain citizenship within three years of attaining majority, in which case full statelessness prevention
applies.
A third and final model refers to all citizens, regardless of their naturalised or born-abroad status and
only protects the genuine connection with the state.70 Finland provides for the automatic loss of Finnish
nationality at the age of 22 when the citizen also possesses another nationality and if he or she does not
have a “sufficient connection with Finland.” This connection is deemed sufficient if: the individual is
born in Finland, and resides there at the age of 22; the individual has resided in Finland (or seven years
in a Nordic country) before the age of 22; the individual has made contact with Finnish authorities before
the age of 22 (notice given to retain nationality, issue of a passport, or military service). Finally,
legislation in the Netherlands refers to every citizen who resides outside its territory – and more broadly
outside EU territory – for an uninterrupted period of ten years, without asking for a civil document.
Nationality is lost automatically, but full statelessness prevention applies.71
3.2.3. Disloyalty or Lack of Merit
(1) International and European Legal Framework
Nationality deprivation in case of disloyalty or lack of merit72 (i.e., infidelity to the state – sometimes
the government – and the moral value of citizenship) was long considered a matter of state sovereignty.
The power of states was constrained by very few limitations. The 1961 United Nations Conference on
the Elimination or Reduction of Future Statelessness only managed “to ‘freeze’ the present legislative
situation” on the proposal of the German representative.73 Hence, the 1961 Convention on the Reduction
of Statelessness had a ‘ratchet effect’: it did not improve the situation regarding statelessness prohibition,
but at least it prevented it from worsening. The article 8(3)(a) of the 1961 Convention authorises the
state to revoke the nationality of a citizen who acts “inconsistently with his duty of loyalty,” even if it
leads to statelessness, on the twofold condition – expressed at the time of ratification – that this
possibility is already provided for in the domestic law, and that the state formally specifies its retention
of that right. Furthermore, nationality deprivation is allowed on two grounds by articles 8(3)(a)(i) and
(ii) when the person:
(i) has, in disregard of an express prohibition by the Contracting State rendered or continued to
render services to, or received or continued to receive emoluments from, another State, or
(ii) has conducted himself in a manner seriously prejudicial to the vital interests of the State;”
Questions of loyalty within the framework of the 1961 Convention are thus connected not only to the
citizen’s relation with a foreign state (expressly prohibited “services” or “emoluments”), i.e.,
‘allegiance’ to another state, but also to the relation with the state of nationality when a certain behaviour
of the citizen impairs its “vital interests.” Disloyalty is then both an issue of domestic and external
policy. However, the 1961 Convention, because of its very nature, does not limit the power of the state
to revoke nationality when statelessness is not at stake – apart from article 9 which generally prohibits
revocation “on racial, ethnic, religious or political grounds.”
70
The Netherlands and Finland.
71
Following the Tjebbes case mentioned above, this automaticity needs to be conciliated with the principle of proportionality.
The Dutch Raad van State recently gave guidelines regarding this evolution. See Gerard-René de Groot (18 February 2020).
“A Follow-Up Decision by the Council of State of the Netherlands in the Tjebbes Case.” GlobalCit Blog. Retrieved from
here.
72
The French legal terminology refers to the notion of ‘indignité’, which stands for the absence of dignity. On this notion,
see Simonin, A. (2008). Le déshonneur dans la République. Une histoire de l’indignité 1791-1958. Paris: Grasset.
73
UN General Assembly, Conference on the Elimination or Reduction of Future Statelessness, 12th plen. mtg., UN Doc.
A/CONF.9/SR.12 (24 April 1961). Retrieved from here.
European University Institute
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