№66 Reflections on quasi-loss of nationality in comparative, international and European perspective
№66 Reflections on quasi-loss of nationality in comparative, international and European perspective

Author(s): Patrick Wautelet, René de Groot
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, EU-Accession / EU-DEvelopment, EU-Legislation, Politics and Identity
Published by: CEPS Centre for European Policy Studies
Keywords: nationality of a country; quasi-loss of nationality; EU;
Summary/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 inwhich 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 doso, 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.

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