is the case is circumstantial. With regard to this, also refer to Principle 7.5 on proportionality, as
well as to Principle 9 on further human rights more generally.
7.3. Legality
PRINCIPLE
LEGAL STANDARD
There must be a clear and clearly
articulated legal basis for any
deprivation of nationality. This requires
inter alia that:
1961 Convention, Art. 8(4): “A Contracting State shall not exercise a
power of deprivation permitted by paragraphs 2 or 3 of this Article
except in accordance with law, which shall provide for the person
concerned the right to a fair hearing by a court or other independent
body.
7.3.1. The powers and criteria for
deprivation of nationality are provided
in law, publicly accessible, clear,
precise, comprehensive and predictable
in order to guarantee legal certainty;
7.3.2. The power to deprive nationality
must not be enacted or applied with
retroactive effect; and
7.3.3. Deprivation of nationality must
only be considered lawful if it is carried
out by an appropriate and legally
vested competent authority whose
deprivation powers are clearly
established by law.
86. In order for any deprivation of nationality to not to be arbitrary, the measure must be applied in
accordance with a clear and clearly articulated legal basis. This principle flows from the general
principle of legal certainty and the way in which human rights are normally regulated in
international human rights law: such restrictions should ,inter alia, be provided by law159 to
provide legal certainty with regard to the application of such provisions.
87. According to Article 8(4) of the 1961 Convention, however, a State should not exercise the power
of deprivation as permitted in that instrument except in accordance with the law. Deprivation of
nationality needs to have “a firm basis in national law and deprivation provisions must be
“predictable . Furthermore, such provisions “may not be interpreted by analogy i.e. applied to
facts which are not evidently covered by the wording of the provisions concerned .160
159
160
e.g. Arts. 12(3) and 19(3) ICCPR; Arts. 8-11 ECHR.
UNHCR, ’Tunis Conclusions‘
, para .
52
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