Chapter 3. The Council of Europe
“Moreover, on a more practical level, it appears that the applicant is currently stateless; thus, as
the situation stands to date, it cannot be said that he is under a threat of expulsion […] as there
is no guarantee that the Egyptian authorities would accept him, nor is it likely that he could
be removed to another country. In any event, such arrangements would take a certain amount
of time, and in the event of a removal order being issued and steps being taken in respect of
its execution, the applicant would still have a possibility of pursuing the relevant remedies.”724
Some have observed that it almost seems as if it does not matter that the person has
become stateless.725 Nonetheless, the Court did consider the merits of the complaint
regarding the deprivation of citizenship and its consequences under Article 8 of the
ECHR. The ECtHR does not distinguish between the situations where acquisition of
citizenship is arbitrarily denied (cf. the Karassev case) or where nationality is revoked726,
such as in the present case, and goes on to establish whether this revocation was
arbitrary. It finds that the deprivation was in accordance with the law and accompanied
by the necessary procedural safeguards, and is therefore not arbitrary and can as such
not raise an issue under Article 8. Also, the Court seems to consider the consequences of
the deprivation in this case negligible and attaches significant weight to the applicants’
own actions that led to this situation and that could have eased the effects of it on his
private- and family life. The ECtHR also seems to question whether the applicant is
truly stateless because no official documents were produced.727 The ECtHR concludes
that there has been no violation of Article 8.
In light of the existing international instruments dealing with the loss of nationality
resulting in statelessness, this judgment should not have come as a surprise. According
to both the 1961 Convention and the ECN – Malta has not ratified these treaties; only
signed the ECN – nationality may be lost, even if a person would thereby become
stateless, if that nationality was obtained fraudulently.728 In the absence of a right to
a nationality in the ECHR and with – according to the Court – limited impact on the
private- and family life of the applicant, the ECtHR was not willing to go beyond its
current interpretations of Article 8 of the Convention. In terms of the contribution of
this judgment to the discourse under the ECHR relating to nationality and the issue of
statelessness, it therefore seems that this decision does not help to address it. However,
a closer look at the case demonstrates that the Court reaffirmed its statement from the
Karassev case729 and examined the merits of the case, i.e. it considered the arbitrariness
724
725
726
727
728
729
Ibid, para 56.
Marie-Bénédicte Dembour, ‘Ramadan v. Malta: When Will the Strasbourg Court Understand
that Nationality is a Core Human Rights Issue?’ (Strasbourg Observers, 22 July 2016) <https://
strasbourgobservers.com/2016/07/22/ramadan-v-malta-when-will-the-strasbourg-court-understandthat-nationality-is-a-core-human-rights-issue/> accessed 4 July 2021.
Ramadan v Malta App No 76136/12 (ECHR, 21 June 2016) ECLI:CE:ECHR:2016:0621JUD007613612,
para 85.
Ibid, paras 90, 92.
Art 7 ECN; Art 8 1961 Convention.
Ramadan v Malta App No 76136/12 (ECHR, 21 June 2016) ECLI:CE:ECHR:2016:0621JUD007613612,
para 84.
Intersentia
137
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