Journal of Contemporary European Studies, 2018
VOL. 26, NO. 1, 28–41
https://doi.org/10.1080/14782804.2017.1397503
OPEN ACCESS
‘Terrorist’ citizens and the human right to nationality
Sandra Mantu
Centre for Migration Law, Radboud University, Nijmegen, The Netherlands
ABSTRACT
Citizenship deprivation – the power of the state to take away
citizenship against the wishes of the individual concerned – is
gaining momentum among policy-makers and scholars. This interest
is linked with changes introduced by a number of European states
with a view to make it easier to take away citizenship from persons
engaged in terrorist activities (Austria, Belgium, Denmark, France, the
Netherlands, and the United Kingdom). This article focuses on two
such countries, the United Kingdom and France, which have changed
their nationality legislations to make it easier to take away citizenship
because it is deemed conducive to the public good (UK) or because
the person concerned was convicted of a terrorist offence (France).
Changes to citizenship deprivation powers were justified by national
security concerns involving citizens engaged in terrorist activities at
home and, increasingly, abroad. While home-grown terrorists and
foreign ‘terrorist’ fighters pose a threat to national security, the use of
nationality legislation to deal with them as security threats encroaches
upon their human right to nationality. The British and French cases
illustrate how far states can go in the exercise of citizenship deprivation
powers, and to what extent human rights standards limit state powers
of deprivation.
KEYWORDS
France; United Kingdom;
national security; criminal;
public good; statelessness;
arbitrary
Introduction
Citizenship scholars have rediscovered citizenship deprivation after a relatively long period
during which nationality acquisition and dual nationality have dominated research and
public agendas. This interest is driven by legislative changes introduced by European states
(Austria, Belgium, Denmark, France, the Netherlands, and UK), and has led to normative
debates on the legitimacy and compatibility of citizenship deprivation powers with the
principles that underpin liberal democracies (Bauböck and Paskalev 2015; Gibney 2012).
Examining citizenship deprivation from the perspective of liberalism as the underlying political ideology of European states, Gibney (2012) argues that it highlights profound tensions
between the values held by liberals and the individual’s right to citizenship somewhere. The
resurgence of citizenship deprivation powers has been interpreted as the downside of liberal
citizenship policies enacted by European states in the twentieth and twenty-first centuries
CONTACT Sandra Mantu
s.mantu@jur.ru.nl
© 2018 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
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