Publications

ILEC Publications

Rottmann in the Courts of the Member States of the European Union: A Collection of 18 Judgements and Four Pending Cases with Case Notes

Authors: René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt

Patrick Wautelet, Professor of Private International Law and Comparative Nationality Law in Liège

Nicola Charalambidou, Advocate, Cyprus

Eva Ersbøll, Senior Research, Danish Institute for Human Rights

Kristine Kruma, Lecturer in International Law, Riga Graduate Law School

Daniela de Bono, Senior Lecturer in International Migration and Ethnic Relations (IMER) at the Department of Global Political Studies, Malmö University, Sweden, Researcher, at the Malmö Institute for Studies of Migration, Diversity and Welfare.

Ngo Chun Luk, TRANSMIC Research Assistant, Justice and Home Affairs Unit, Centre for European Policy Studies

Guayasen Marrero González, PhD Candidate, Maastricht University.

The collection of cases and associated case notes can be found here.


 

 

Priver les djihadistes de leur nationalité belge : les garde-fous à respecter

Author: Professor Patrick Wautelet, University of Liège

In this article in Journal des Tribunaux, Professor Patrick Wautelet offers some comments on the Belgian government's draft bill expanding the possibility to deprive jihadists of their nationality. Included is a reference to the ILEC Guidelines.

The article can be found here.

 


 

Guidelines Involuntary Loss of European Citizenship (ILEC Guidelines 2015)

The ILEC Guidelines 2015 are intended to provide guidance on implementation of international and European standards on voluntary loss of nationality for government officials, legal practitioners, decision-makers and the judiciary in the Member States of the European Union.

The ILEC Guidelines 2015 can be found here


 

Database on Modes of Loss of Citizenship

Prepared by: Olivier Vonk, Marie Curie Fellow, Faculty of Law, Maastricht University

and

Maarten Vink, Professor of Political Science, Maastricht University 

and

Iseult Honohan, Senior Lecturer, University College Dublin

Date: 14 January 2015

An updated and expanded version of the Database on Modes of Loss of Citizenship has now been published on the website of EUDO CITIZENSHIP. The database includes information on the different ways in which citizenship can be lost across the world. Citizenship laws often use different terms for similar rules. Comparing legal provisions on acquisition and loss of citizenship requires therefore a standardisation of terms and definitions. The database is organized around a comprehensive typology of modes of loss of citizenship, which outlines, in a systematic way, 15 ways in which citizenship can be lost. For each mode of loss of citizenship the typology outlines a standardized 'target person' which allows comparing rules applicable to similar groups across countries. 

The database on modes of loss of citizenship is available here.


 

EU Citizenship at the Crossroads - Enhancing European Cooperation in Nationality and Fundamental Rights

Authors: Ngo Chun Luk

Date: 13 January 2014

Ngo Chun Luk's contribution to the European Network on Statelessness blog can be found here.

 


 

A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union

Authors: René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt 

and

Maarten Peter Vink, Professor of Political Science, Maastricht University 

Date: 9 January 2015

This study looks at loss of citizenship of the European Union (EU) due to the loss of nationality of an EU member state. Only the nationals of a member state possess European citizenship; the loss of nationality of a member state thus also implies the loss of European citizenship. Member states are in principle autonomous in nationality matters, which means that their rules on loss of nationality, and loss of EU citizenship, differ considerably. But member states must respect international law and the general principles of European law when dealing with loss of nationality.

This report aims to provide a comprehensive and systematic comparative analysis of existing regulations and procedures in EU member states with regard to the involuntary loss of nationality. These rules are also assessed in light of international and European standards, in particular with regard to the prevention of arbitrary deprivation of nationality, the principle of proportionality and procedural guarantees. The report offers recommendations for policy-makers, judges and other authorities dealing with this issue.

The paper can be found here.


 

How much does EU citizenship cost? The Matese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union?

The paper by Dr Sergio Carrera (CEPS) entitled "How much does EU citizenship cost? The Maltese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union?" has been published in Hungarian. This paper can be found here

The paper examined the citizenship-for-sale affair in Malta and the legal constraints imposed on this and other such schemes in light of European Union law. The English version of the report can be found here.
 
A revised and fine-tuned version of the paper have been also published in the Maastricht Journal of European and Comparative Law, which can be found here.
 
Another revised and complemented/expanded version of the report has been published in Spanish in the Revista de Derecho Comunitario Europeo. This last article has been co-authored with Guayasén Marrero González (PhD candidate, Faculty of Law, University of Maastricht) and can be found here.
 

 

Mapping Statistics on Loss of Nationality in the EU: a new online database

Authors: Maarten Peter Vink, Professor of Political Science, Maastricht University

and

Ngo Chun Luk, TRANSMIC Research Assistant, Justice and Home Affairs Unit, Centre for European Policy Studies

Date: 11 December 2014

Statistics can be useful when assessing the practical relevance of varying rules and practices on the involuntary loss of nationality across EU member states. Yet while much progress has been made within the EU in recent years with regard to the collection of comparable and reliable information on the acquisition of nationality, statistics on the loss of nationality are hard to find and, where available, difficult to interpret.

In this comparative report, the authors explore the landscape of existing statistical data on loss of nationality in the European Union. They identify challenges to the existing methods of data collection and data interpretation and introduce an online statistical database, bringing together all existing statistical data on loss of nationality in the EU. These data are summarised in tables and graphs and discussed with reference to the relevant national and European sources. The authors conclude with recommendations to policy-makers on how to improve data collection in this area.

The paper can be found here.


 

ILEC Policy Brief: Statistics on Loss of Nationality

Authors: Maarten Peter Vink, Professor of Political Science, Maastricht University 

and

Ngo Chun Luk, TRANSMIC Research Assistant, Justice and Home Affairs Unit, Centre for European Policy Studies

The Policy Brief can be found here. 


 

ILEC Policy Brief: How to deal with quasi-loss of nationality situations? Learning from promising practices

Authors: René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt 

and

Patrick Wautelet, Professor of Private International Law and Comparative Nationality Law in Liège

The Policy Brief can be found here. 


 

ILEC Policy Brief: European Citizenship at the Crossroads: Enhancing European Cooperation on Acquisition and Loss of Nationality

Authors: Dr Sergio Carrera, Head of Section, Justice and Home Affairs, Centre for European Policy Studies (CEPS), Brussels

and

René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt

The Policy Brief can be found here.


 

ILEC Policy Brief: Best Practices in Involuntary Loss of Nationality in the EU

Authors: René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt 

and

Maarten Peter Vink, Professor of Political Science, Maastricht University 

The Policy Brief can be found here.

 


 

Statistical Database on Loss of Citizenship

Prepared by: Professor Maarten Vink and Chun Luk

Date: 26 November 2014

A new database has been launched presenting the available statistics on loss of citizenship in 28 EU Member States. The database includes aggregate data from 1985 onwards on the total numbers of loss of citizenship in a country, as well as on mode of loss of citizenship. These data are summarised in charts on each country statistics page and can be downloaded in spreadsheet format for further analysis. Users can also export comparative tables, with a selection of countries, years, and procedural characteristics. A forthcoming accompanying comparative report outlines the methodology and challenges of data collection and presents some comparative findings. The database and the forthcoming comparative report were prepared by Maarten Vink (Maastricht University / European University Institute) and Chun Luk (Maastricht University) in the context of the ILEC project.

The statistical database is available here.


 

Reflections on quasi-loss of nationality in comparative, international and European perspective 


Authors: René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt 

and

Patrick Wautelet, Professor of Private International Law and Comparative Nationality Law in Liège.

Date: 1 August 2014

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away that had existed, quasi-loss involves situations in which nationality was never acquired. This contribution seeks to examine whether a person should under certain circumstances be protected against quasi-loss of nationality. In order to do so, the paper first maps out situations of quasi-loss in EU Member States, describing typical cases in which a person never acquired the nationality of the country, although (s)he was at some time considered as a national. Drawing on this taxonomy, the paper attempts to uncover whether national, European and international laws offer some protection, and if yes, to which extent, for situations of quasi-loss. It concludes with outlining best practices which Member States should comply with in handling such situations.

Paper available for free downloadhere.


 

How much does EU citizenship cost? The Matese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union?

Author: Dr Sergio Carrera, Head of Section, Justice and Home Affairs, Centre for European Policy Studies (CEPS), Brussels

Date: 25 April 2014

How much does citizenship in an EU member state cost? The outright selling of nationality by the Maltese government to rich foreigners has provoked considerable controversy and led to unprecedented responses by the European Parliament and the European Commission. This paper examines the affair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the rules for the acquisition and loss of nationality without any EU supervision and accountability and provides a comparative overview of member state schemes and the exact price for buying citizenship or residency permits in the EU.

The author finds that the EU’s intervention in the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passports-for-sale or ‘golden’ migration programmes in other EU member states. The affair also reveals the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and provides a constellation of supranational ‘venues’ for examining the impact of their decisions over citizenship of the Union.

The paper is available for free download here.


 

Survey on Rules on Loss of Nationality in International Treaties and Case Law

Author(s): René de Groot, Professor of Comparative Law and Private International Law in Maastricht, Aruba and Hasselt.

Date: 30 August 2013

This paper offers a picture of the obligations existing under international and European law in respect of the loss of nationality. It describes international instruments including obligations in this field with direct relevance for the loss of nationality of Member States of the European Union, but also obligations regarding loss of nationality in regional non-European treaties. Attention is given to two important judicial decisions of the European Court of Justice (Janko Rottmann) and the European Court of Human Rights (Genovese v Malta) regarding nationality. Special attention is devoted to Article 15 of the Universal Declaration of Human Rights, which forbids the arbitrary deprivation of nationality. A survey is provided of possible sub-principles that can be derived from this rule. Finally, some observations are made on the burden of proof in cases of loss of nationality. This paper is published within the CEPS Liberty and Security in Europe Series.

Paper available for free download here.

 


 

ILEC-Related Publications

For further reading on loss of nationality, see the following ILEC related publications:

Bauböck. R. et al (eds) (2006),  Acquisition and Loss of Nationality. Volume 1: Comparative Analyses. Policies and Trends in 15 European Countries, Amsterdam University Press.

Bauböck. R. et al (eds) (2006),  Acquisition and Loss of Nationality. Volume 2: Country Analyses. Policies and Trends in 15 European Countries, Amsterdam University Press.

Groot, G.R. de & Vonk, O.W. (2012), “Non-discriminatory access to the nationality of the father protected by ECHR: A comment on Genovese v Malta (European Court of Human Rights 11 October 2011),” EUDO citizenship - Policy Briefs

Groot, G.R. de (2012), “Preventing statelessness among children: Interpreting Articles 1-4 Convention on the reduction of statelessness and relevant international human rights norms,” Background paper March 2012. Geneva: UNHCR.

Groot, G.R. de & Seling, A. (2011), “The consequences of the Rottmann judgment on Member State autonomy - The European Court of Justice's avant-gardism in nationality matters” European Constitutional Law Review, pp.150-160.

Groot, G.R. de (2011), “The acquisition of nationality by potentially stateless children: observations on the Articles 1-4 of the 1961 Convention on the reduction of Statelessness” Geneva: UNHCR.

Groot, G.R. de (2010), “The avoidance and reduction of statelessness in Europe: An Initiative for the development of Romania’s policy and practice in the field of statelessness” Bucarest: ARCA/UNHCR.

Groot, G.R. de & Vink, M. (2010), “Loss of citizenship, Trends and regulations in Europe,”  EUDO Citizenship Observatory, Robert Schuman Centre for Advanced Studies

Groot, G.R. de (2007), “A clarification of the fundamental rights implications of stateless and erased persons,” Briefing paper European Parliament. Brussels: European Parliament.

Dronkers, J. and M. Vink (2012). Explaining Access to Citizenship in Europe: How Policies Affect Naturalisation RatesEuropean Union Politics, 13(3) 390-412. 

Eva Ersboll "The Right to a Nationality and the European Convention on Human Rights" in Stéphanie Lagoutte, Hans-Otto Sano and Peter Scharff Smith (eds.) Human Rights in Turmoil. Facing Threats, Consolidating Achievements, pp. 249-270, Martinus Nijhoff Publishers, 2006.

Vink, M. & Groot, G.R. de (2012) “Loss of citizenship: trends and regulations in Europe”  in D Christopoulos & G. Kouzelis (Eds.), Citizenship: political discourse, history and norms in comparative perspectives (pp. 36-56). Athens: Patakis.

Vink, M. and G.R. de Groot (2010), ‘Citizenship Attribution in Western Europe: International Framework and Domestic Trends,’ Journal of Ethnic and Migration Studies, 36(5), 713-734. 

Vink, M. (2005), Limits of European Citizenship: European Integration and Domestic Immigration Policies, Basingstoke: Palgrave Macmillan.

Vonk, O.W. & Groot, G.R. de (2012), “Nationality, Statelessness and ECHR's Article 8: Comments on Genovese v. Malta”, European Journal of Migration and Law, 14(3), 317-325.

Wautelet, P. (2012), L'Option de Loi et les Binationaux: Peut-On Dépasser le Conflit de Nationalités? (Choice of Law in Family Relationships and Multiple Nationalities - A Case for a New Approach?), Revue Générale de Droit Civil Belge, 26, 414-430. 

 

See further citizenship-relevant publications by CEPS, available for download:

http://www.ceps.eu/book/shifting-responsibilities-eu-roma-citizens-2010-french-affair-roma-evictions-and-expulsions-con

http://www.ceps.eu/book/fundamental-rights-and-eu-citizenship-after-treaty-lisbon

http://www.ceps.eu/book/whose-citizenship-empower-area-freedom-security-and-justice-act-mobility-and-litigation-enactme

http://www.ceps.eu/book/illiberal-liberal-states-immigration-citizenship-and-integration-eu

http://www.ceps.eu/book/search-perfect-citizen-intersection-between-integration-immigration-and-nationality-eu

http://www.ceps.eu/book/state-art-european-court-justice-and-enacting-citizenship

http://www.ceps.eu/book/implementation-directive-200438-context-eu-enlargement-proliferation-different-forms-citizenshi

http://www.ceps.eu/book/external-dimension-eu-citizenship-arguing-effective-protection-citizens-abroad

http://www.ceps.eu/book/making-eu-citizens-agenda-work

http://www.ceps.eu/book/nexus-between-immigration-integration-and-citizenship-eu

http://www.ceps.eu/book/extending-citizenship-rights-third-country-nationals-correlation-between-migration-and-integrat

 

For an extensive archive of academic literature covering citizenship, visit the EUDO Citizenship Bibliography here.

 

 


 

ILEC-Relevant Links

 

> Visit Migrarconderechos.es to find information and legal analysis on migration and citizenship issues (in Spanish): http://www.migrarconderechos.es

> Visit the website of the European Citizen Action Service - a European association providing advice on how to lobby, fundraise, and defend European citizenship rights: http://www.ecas-citizens.eu/

> 2013 is the European Year of Citizens. Find out more about events and campaigns at: http://europa.eu/citizens-2013 

> Read the EU's Policy Review of European Citizenship based on the findings of fifteen EU-funded research projects. Download the review here.