How to Deal with Quasi-Loss of Nationality Situations? Learning from Promising Practices

Liberty and Security in Europe Papers No. 71

5 Pages Posted: 15 Dec 2014

See all articles by Gerard-René De Groot

Gerard-René De Groot

Maastricht University - Faculty of Law

Patrick R. Wautelet

University of Liege

Date Written: December 5, 2014

Abstract

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.

Note: This paper was prepared for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality.

Keywords: quasi-loss of nationality, Loss of European Citizenship

Suggested Citation

De Groot, Gerard-René and Wautelet, Patrick R., How to Deal with Quasi-Loss of Nationality Situations? Learning from Promising Practices (December 5, 2014). Liberty and Security in Europe Papers No. 71, Available at SSRN: https://ssrn.com/abstract=2537314

Gerard-René De Groot (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

Patrick R. Wautelet

University of Liege ( email )

B-4000 Liege
Belgium

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