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Contingent Citizenship: The Law and Practice of Citizenship Deprivation in International, European and National Perspectives

Contingent Citizenship: The Law and Practice of Citizenship Deprivation in International, European and National Perspectives

Author: Sandra Mantu
Publisher: Brill Nijhoff
ISBN: 9789004292994
Published In: May 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards. In practice, two grounds upon which loss of citizenship takes place stand out: fraud in the context of fraudulent acquisition of nationality and terrorism in the context of national security.

Newly naturalised citizens and citizens of immigrant origin are mainly targeted by these measures. The resurrection of the importance attached to loyalty as the citizen’s main duty towards his/her state shows that the rules on loss of citizenship are capable of expressing ideals of membership and identity, while the citizenship status of certain citizens remains contingent upon meeting these ideals.

Excerpt of table of contents:

Chapter 1: Introduction

1. The law and practice of citizenship deprivation – problem setting

2. The varied meanings of citizenship – citizenship, sovereignty and the nation

3. The end of the state, the end of citizenship?

4. Citizenship deprivation – a seemingly inconsequential power

5. Citizenship deprivation – brief history of a notion

6. Outlook and approach

7. Context of the research

Chapter 2: Deprivation of citizenship, statelessness, and international standards

1. Introduction

2. The first articulations of statelessness as an international issue

3. Nationality as a human right – the Universal Declaration of Human Rights

4. Legally binding norms on statelessness

5. The 1954 Convention relating to the status of stateless persons

6. Preventing and reducing statelessness – the 1961 Convention

7. International standards in practice

8. Framing discourses on statelessness and loss of nationality

9. Conclusions

Chapter 3: The Council of Europe and nationality

1. Introduction

2. Council of Europe conventions on nationality

3. The European Convention on Nationality

4. The impact of the CoE nationality standards

5. Deprivation of nationality and the European Convention on Human Rights

6. Nationality and the scope of the ECHR

7. Conclusions

Chapter 4: Un-becoming an EU citizen: deprivation of citizenship and EU law

1. Introduction

2. The European Union and nationality: an unorthodox match?

3. EU citizenship and state nationality

4. The strengthening of EU citizenship rights – a judicial affair

5. Are the Member States free in the sphere of nationality law?

6. The case law of the Court of Justice and the requirement to hold the nationality of a Member State

7. EU citizenship after the Treaty of Lisbon

8. Conclusions

Chapter 5: Deprivation of citizenship in the United Kingdom: citizenship as privilege

1. Introduction

2. British nationality legislation in the 20th century: Subjects, nationals and citizens

3. Britishness redefined – in search of the ideal citizen

4. UK nationality legislation

5. The Immigration, Asylum and Nationality Act 2006

6. The Immigration Act 2014 – Going back in time

7. Deprivation of citizenship before the courts

Chapter 6: Deprivation of citizenship in France: paper Frenchmen, universal citizenship and the principle of assimilation

1. Introduction

2. French nationality and citizenship

3. Deprivation of citizenship – any Republican logic?

4. The Vichy denaturalisations

5. The legal regime of French nationality

6. The links between nationality, immigration and (in)security

7. The case law of the Conseil d’Etat

8. Conclusions

Chapter 7: Deprivation of citizenship in Germany: accommodating public and private interests

1. Introduction

2. Problematizing the ethnic notion of citizenship: poverty and citizenship before the Empire

3. The creation of the German nation: citizenship during the Empire

4. Deprivation of citizenship and racism: the Nazi policy of citizenship deprivation

5. Citizenship and Leitkultur – culture reloaded

6. German nationality legislation

7. Courts and citizenship: enacting citizenship in the court

8. The Rottmann case: bringing in European Union citizenship

9. Conclusions

Chapter 8: Conclusions

1. International law, statelessness and citizenship deprivation

2. The intersection between human rights and citizenship deprivation

3. European Union citizenship and limits to state powers in the field of nationality

4. Contextualizing citizenship deprivation: convergences and differences at the national level

5. Terrorists and fraudsters: unlikely and unwanted citizens

Literature

Index.

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