Chapter 3. The Council of Europe Furthermore, and importantly, Article 7, paragraph 3, ECN provides a specific application of the general ECN principle to avoid statelessness. It adds that a state party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of that Article if the person concerned would thereby become stateless. One exception is made: a person can become stateless when he or she acquires the nationality of the state party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant.714 Both children and adults can be subject to statelessness under this circumstance.715 When placing this in light of the obligations that follow from the 1961 Convention in this regard, it can be seen that the prohibition of statelessness of the ECN here goes further than that of the 1961 Convention as the latter allows for loss of nationality with statelessness as a consequence on more grounds.716 Because of the particular attention that the ECN pays to multiple nationality, which might lead to conflict of nationality laws, it needs to be addressed here as well in light of the prevention of statelessness. As was seen above in paragraph 3.2.2, the ECN takes a neutral position regarding multiple nationality. It even requires states parties to allow multiple nationality in two cases: children who acquired different nationalities automatically at birth and nationals who possess another nationality where this other nationality is automatically acquired by marriage.717 States are free to allow for other cases of multiple nationality, but are also free to limit these cases. In comparison to the 1963 CoE Convention, this is an improvement. Attempting to limit all kinds of cases of multiple nationality could in certain situations perhaps lead to statelessness, if laws of another state regarding nationality are misinterpreted for example and a person then acquires no nationality or loses the only nationality he or she had because the state in question thought that he or she possessed the nationality of another state. The fact that the ECN approaches this issue more openly is in light of the prevention of statelessness therefore only to be welcomed. The CM Recommendation on the avoidance and reduction of statelessness reiterates that nationals should not be arbitrarily deprived of their nationality, and that no form of loss of nationality – whether at the initiative of the state or at the initiative of the individual – should result in statelessness.718 The Recommendation provides further guidance on provisions of the ECN. Even where a person could be deprived of nationality because of fraud, a state should not necessarily use this measure so as to avoid statelessness as far as possible. It should also consider in such a decision “the gravity of the facts, as well as other relevant circumstances, such as the genuine 714 715 716 717 718 Arts 7(3) conj Art 7(1)(b) ECN. CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 77. Cf Art 8 1961 Convention; CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 77. Art 14 ECN; CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 94. CoE CM Recommendation No. R (99) 18 of the Committee of Ministers to the Member States on the avoidance and reduction of statelessness (679th meeting of the Ministers’ Deputies, 15 September 1999) para (c). Intersentia 135