№57 Survey on Rules on Loss of Nationality in International Treaties and Case Law
№57 Survey on Rules on Loss of Nationality in International Treaties and Case Law

Author(s): René de Groot
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation, Politics and Identity
Published by: CEPS Centre for European Policy Studies
Keywords: Nationality in International Treaties; Case Law; European Court of Human Rights;
Summary/Abstract: This paper offers a picture of the obligations existing under international and European law inrespect of the loss of nationality. It describes international instruments including obligations inthis field with direct relevancy 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 observation are made on the burden of proof incases of loss of nationality.

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