EUROPEAN UNION AGENCY FOR ASYLUM 4.4. Renunciation of nationality Renunciation of nationality refers to the voluntary loss of nationality initiated by a declaration or application by the person or their legal representative, addressed to the relevant authorities expressing their intention or desire to give up the nationality in question. If confronted with a case involving renunciation of nationality, the following should be considered. • The distinction between deprivation of nationality and renunciation Sometimes, the difference between deprivation of nationality and renunciation may not be clear in practice. For example, if a state pressures an individual into so-called ‘voluntary’ renunciation (e.g. by offering remission of lengthy imprisonment or hard labour), this can be considered deprivation of nationality and thus the considerations in relation to deprivation of nationality would apply (see Section 4.1. Deprivation or attribution of nationality contrary to international law). • The legal effects of renunciation Each country sets its own laws for formal renunciation of nationality. An individual may be permitted to renounce nationality as a right, without having to obtain a decision of the state allowing this. Some states will make renunciation dependent upon the individual not becoming stateless as a consequence ( 69). On the contrary, some countries do not recognise renunciation of nationality or, if they do, may also establish such cumbersome administrative procedures that cannot possibly be completed in practice. In some countries, the renunciation procedure is non-discretionary, meaning that the state has no choice but to recognise the renunciation as it becomes effective automatically once all the legal conditions are met. In such a case, the applicant may already have lost their nationality by the simple fact of informing their national authorities of their renunciation. In other countries, renunciation may be subject to the approval of a public authority. In this case, submitting an application for renunciation does not mean that the applicant has lost the nationality in question, as long as the national authorities have not approved their request. Sometimes, the applicant may have renounced nationality in a way that does not respect the formalities required by national law and practice. Their renunciation may therefore not be legally valid and the person is still considered a national by their country of origin. It is therefore important to consult COI on domestic law and its application when it comes to the modalities of renunciation. (69) See in this respect, among others, Article 7 of the UN General Assembly, Convention on the Reduction of Statelessness, United Nations, Treaty Series, vol. 989, p. 175, 30 August 1961; Article 8 of the Council of Europe, European Convention on Nationality, Council of Europe, 6 November 1997. 38