THEMATIC BRIEFING | JULY 2021
Deprivation of nationality and the prevention of statelessness in Europe
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all previous nationalities, Austria decides to revoke the grant of naturalisation
because the individual no longer fulfils the conditions for acquisition. A case is
currently pending before the Court of Justice of the European Union, which scrutinises
the compatibility of this practice with EU law.40
Insufficient safeguards regarding family members
In some Index countries, such as Poland and Austria, safeguards to prevent
statelessness arising from voluntary loss of nationality are insufficient because
they do not adequately address the situation of family members (see Section 8 Discrimination).
7.
DEPRIVATION OF NATIONALITY AS A NATIONAL
SECURITY MEASURE
International framework
International norms and good practice require States to avoid using deprivation of
nationality on grounds of national security. If States resort to deprivation powers for
the purposes of safeguarding national security, the measures should be interpreted
and exercised narrowly, only after a lawful conviction that meets international
standards of due process and fair trial and provided that the person has conducted
themselves in a manner seriously prejudicial to the vital interests of the State.41
In any event, such powers should not make individuals stateless and should not
discriminate between individuals according to their route to nationality. There should
be no arbitrary deprivation of nationality, individuals must have access to a fair trial,
including remedies and reparation, and other international obligations must be
respected.42
Good practice
Individuals should not be deprived of their nationality on national security grounds,
but only around a third of Index countries demonstrate good practice in this area.
Croatia, the Czech Republic, North Macedonia, Poland, Hungary, Portugal,
Ukraine, and Serbia do not have any provisions in their legal frameworks to deprive
people of their nationality on national security grounds.
Risk of statelessness arising from deprivation of nationality on
national security grounds
Expansion of State powers
A majority of Index countries allow for deprivation on national security grounds. In
some States, such as France and the UK, these powers have existed in law for many
years. However, in most countries, deprivation of nationality on grounds of national
security has been introduced (or modified) recently to address the phenomenon of
their nationals allegedly travelling abroad to participate in terrorist activities. Albania,
Austria, Belgium, Bulgaria, Germany, Italy, the Netherlands, Norway, and the
UK have all amended their legislation since 2010 to make it easier for the competent