Lakhasly

Lecture 8 discusses the loss of nationality through renunciation within EU15 states. Renunciation is universally permitted, though methods vary. Some states (Austria, Ireland, etc.) have automatic renunciation upon meeting conditions (including declaration), while others (Belgium, Germany, etc.) require authority approval, which must be justified if refused. A third group (Denmark, France, etc.) allows for discretionary refusal, with unclear criteria in France and Greece. Crucially, all states require applicants avoid statelessness; some demand prior acquisition of another nationality, while others allow for acquisition within a timeframe after the renunciation declaration. Additional conditions vary: age requirements exist in several states; residence abroad is a factor in some; military service obligations and criminal records can be obstacles; and wartime may prevent renunciation in Spain and the UK. Germany adds a public service restriction, and Portugal requires central registry registration.

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LECTURE NO.8
LOSS OF NATIONALITY (1)
RENUNCIATION OF NATIONALITY

Renunciation is the only mode of loss of nationality that
exists in all EU15 states.

Austria, Denmark, France, Germany, Greece, the
Netherlands and Sweden even have two or more modes of
renunciation for specific groups of persons or their general
rules of renunciation contain clauses for these groups.

Voluntary loss of nationality by renunciation is possible
in all states.

So, are persons entitled to give up their nationality or
are they dependent on some authority’s discretion in this
respect?

In Austria, Ireland, Luxembourg, the Netherlands,
Portugal and the United Kingdom, renunciation becomes
effective ex lege if all conditions – including the declaration
of renunciation – are met.

In the second group of states, comprising Belgium,
Germany, Italy and Spain, the loss does not become effective
ex lege but the authorities always have to grant the release
from nationality if the conditions are met and they have to
justify negative decisions.

In all states within these first two groups, the
conditions are unambiguous.

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This is in contrast to the remaining states – Denmark,
Finland, France , Greece and Sweden – where authorities
have at least some discretion to refuse the release from
nationality.

Especially in France and Greece, it is unclear which
criteria, apart from the ones mentioned in the law, the
authorities apply when denying the release.

However, only in Greece do the authorities not have to
give reasons for a refused release from nationality.

there are certain circumstances, though, under which
the authorities in Denmark, France, Greece and Sweden
cannot deny a release from nationality.

Only the authorities in Finland always have discretion
as to whether to accept the renunciation.

General conditions of renunciation:
Which material conditions do persons who want to
renounce nationality have to meet?

The most important requirement in all states is that
the person does not end up stateless. Some states distinguish
between persons acquiring another nationality and persons
who already hold a second nationality.

Germany has two different regulations in this context,
one for each group of persons.

In Austria, a foreign nationality must have already been
acquired – the assurance of it being granted is not enough.

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Greece requires that the applicant for release be
naturalized in a foreign state.

The general rule in France demands that the target
person already hold a foreign nationality. All other states
either require that the person hold or acquire a foreign
nationality or simply that the person not end up stateless.

Denmark, Finland, Germany, Sweden and the United
Kingdom allow a declaration of renunciation before the
actual acquisition of a foreign nationality, but demand that it
be acquired within a certain time.

Otherwise, the renunciation does not become
effective. Beyond this main condition, no other requirement
is universally prescribed in all states.

Firstly, this concerns age requirements: in Belgium,
Ireland, Italy, Luxembourg, the Netherlands, Spain and the
United Kingdom persons must have come of age (or be
emancipated) in order to be allowed to renounce nationality.

In the Netherlands, though, a separate mode of
renunciation is available for minors.

In all other states, minors can also renounce nationality,
even if the declaration to this end has to be made by the
child’s guardian.

Residence abroad is a precondition for renunciation
only in Ireland, Italy and Spain (since 1990). However, special
rules apply to nationals residing abroad in Austria, Denmark,
France, Germany, Greece and Sweden.
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In Austria, Denmark, Finland, Germany and Greece,
renunciation is in principle only possible if the target person
is not (or no longer) liable for military service but, in
Denmark and Finland, this does not apply to persons residing
abroad.

The person’s criminal record or ongoing criminal
investigations can be an obstacle to the loss of nationality by
renunciation in Austria, Denmark and in Germany.

Some conditions are applied in only one or two states:
in Spain and the United Kingdom, renunciation of nationality
is impossible (Spain) or at least can be refused (United
Kingdom) when the country is at war.

In Germany, the person must not be in Germany’s
public service.

in Portugal the renunciation only becomes effective
when it is registered at the Central Registry Office.

In Sweden, the authorities may deny the renunciation
of nationals residing in the country if ‘special reasons’ exist,
such as the applicant’s plan to gain an improper advantage in
Swedish society, e.g. avoid military obligations.