5. PROCEDURAL SAFEGUARDS International framework Procedural safeguards are core to preventing abuse and arbitrariness in legal procedures relating to deprivation of nationality.22 They apply irrespective of whether the deprivation of nationality would result in statelessness.23 According to regional and international norms, deprivation of nationality may only be applied if it is prescribed by law, is the least intrusive means to achieving a legitimate aim and proportionate to such aim, and if adequate procedural safeguards are in place. Compliance with the principle of proportionality, including conducting a careful examination of each individual case and ensuring that deprivation is the least restrictive measure, is key to ensure that the decision is not arbitrary.24 Given the severity of the consequences associated with statelessness, deprivation resulting in statelessness can only be considered proportionate in limited and narrow circumstances.25 Deprivation of nationality should always be exercised in accordance with the law, and State authorities must act diligently and expeditiously to avoid arbitrariness.26 Decisions on deprivation of nationality should provide reasons in writing,27 and be subject to judicial scrutiny.28 The punitive nature of deprivation of nationality means that most due process obligations, normally reserved to the criminal context, should also apply in the judicial process.29 States should also ensure that free legal aid is available to challenge the decision.30 Good practice A key procedural safeguard is that decisions to deprive a person of their nationality are issued by a court, thereby ensuring that deprivation always follows a finding of guilt by a criminal or a civil court.31 Of the 27 Index countries, only Belgium and Portugal provide for such safeguard. In all other cases, the decision to deprive a person of their nationality is taken by a political authority or a government body at State (or federal) level. Almost all countries in the Index ensure the right of appeal before a relevant court in cases of deprivation of nationality. Legal aid is also provided in most cases. In some countries, such as Austria, Belgium, France, Germany, and Italy, there are designated time limits within which the State must act, which provide legal certainty and help ensure that the competent authorities act diligently. Courts as competent authorities to decide on deprivation cases in Belgium In Belgium, decisions to deprive an individual of their nationality are taken by the courts. The Belgian Court of Appeal is the competent authority to decide on deprivation cases, on grounds of fraud or for acts conducted in serious violation of an individual’s duties as a Belgian national. Civil or criminal judges are competent in cases of deprivation following a criminal conviction, marriage of convenience, or conviction for terrorism offences.