Notwithstanding the issues mentioned above as regards availability and comparability of data, it is still possible to provide a first (preliminary) comparison of the available data. In this part we will provide a first analysis of the available data, signalling possible trends in the loss of nationality of EU Member States.
Figure 2 shows the total loss of nationality for a selected number of countries in the period 1985-2013. It is important to keep in mind that these numbers represent the total available numbers of loss of nationality in a Member State, but not necessarily the actual total numbers of loss of nationality. For example, in those Member States where nationality may be lost ex lege (automatically), without requiring a decision or act by
28 See Appendix B.
29 Available at http://eudo-citizenship.eu/databases/modes-of-loss.
the authorities, loss of nationality may occur without being registered in official statistics. Moreover, even for those modes of loss that do require an official administrative act, not all such acts may be registered. We find that registration tends to be more precise with regard to voluntary renunciation of nationality and less reliable as far as involuntary loss of nationality is concerned. Finally, we should keep in mind that it is not always clear whether reported numbers refer to individual cases of loss or, rather, to multiple cases of loss (in the case of a decision that affects a whole family). Hence, whereas these numbers almost certainly under report the total numbers of loss of nationality, even in these Member States where statistics are available, this would not be the case if reported loss of nationality related to multiple persons.
Figure 2. Total loss of nationality by country of lost nationality (1985-2013)
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
With this (significant) caveat, we can observe firstly that the reported total numbers of loss of nationality for most Member States stay below around 500 cases per year, but can go up to 1000 cases or more per year for some Member States (e.g. Greece in the 1980s; the United Kingdom; Bulgaria in the first half of the 2000s;
Lithuania in the 2000s). The notable outlier in Figure 2 is Croatia, where reported loss of nationality was over 3000 cases in 13 years and over 1000 cases in 5 other years of the period since the 1990s. According to clarifications from the Ministry of Interior most of these cases are persons who have been ‘released’ from Croatian nationality upon the request of the persons concerned, which is intuitive given that Croatian nationality law has very few other grounds of loss of nationality.30 Why these numbers of voluntary renunciation are so high in the Croatian case is, however, unclear.
Focusing further on the period between 2008 and 2013, Figure 3 compares the total loss of nationality between the Member States in this period. Again, we can take note of the relatively high rate of loss of the Croatian nationality compared to the rest of the EU. However, we can also note a decline in this rate of loss of the Croatian nationality. A similar decline trend can be noted for Lithuania. We can further note that for most of the other EU Member States, the rate of loss of their nationality remains at a constant level.
30 F. Ragazzi, I. Štiks and V. Koska, “Report on Croatia”, EUDO CITIZENSHIP Observatory, p. 15 (http://eudo-citizenship.eu/admin/?p=file&appl=countryProfiles&f=Croatia.pdf).
MAPPING STATISTICS ON LOSS OF NATIONALITY IN THE EU:ANEW ONLINE DATABASE 11
Figure 3. Total loss of nationality by country of lost nationality (2008-2013)
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
Figure 4. Loss of nationality (renunciation, L01) by country of lost nationality (1985-2013)
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
Figure 4 compares the loss of nationality on the ground of voluntary renunciation of the countries for which this data is available.31 We can see that for a number of Member States (France, Bulgaria, and the UK), the loss of nationality by renunciation shows a decreasing trend. For the Scandinavian countries (Sweden and Finland) and Greece, there seems to be a trend of slighly increasing loss of nationality by renunciation. For the Netherlands, we can also note an increasing loss of nationality by voluntary renunciation, especially visible among adults.
31 It should be noted that for France, the data is separated between loss by renunciation that is effectuated by a simple declaration, and the loss by renunciation that requires a decision of the competent authorities (release). For the Netherlands, the data are separated between loss by adults and minors.
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Figure 5. Loss of nationality (voluntary acquisition foreign nationality, L05), by country of lost nationality (1996-2013)
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
Figure 5 outlines the available data on the loss of Member States’ nationality as a result of having obtained the nationality of another country. Given that in most states where this ground for loss still exists, against the general trend of accepting dual citizenship, loss of nationality due to the voluntary acquisition of another nationality occurs ex lege, very few statistics are available for this ground for loss. Only in Latvia, where the nationality law prescribes a withdrawal procedure in the case of the detection of voluntary acquisition of another nationality, can we find a considerable number of reported cases of loss of nationality. The number for France in 1998 refers to the reported loss of nationality by 383 persons on the basis of the working of the 1963 Strasbourg Convention.32
32 La politique de la nationalité en 1998: données chiffrées et commentaires, Report of the Ministère de l’Emploi et de la solidarité (Direction de la Population et des Migrations, Sous-Direction des Naturalisations), p. 46 (http://www.ladocumentationfrancaise.fr/rapports-publics/004001368-la-politique-de-la-nationalite-en-1998-donnees-chiffrees-etcommentaires).
Figure 6. Loss of nationality (fraud, L09), by country of lost nationality (1993-2013)
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
Figure 6 shows the number of loss of Member States’ nationality that had been acquired by means of fraud.
The available statistics from Hungary show that the number of withdrawal of the fraudulently acquired Hungarian nationality is scarce. Since 1993, the naturalisation has only been withdrawn from one person (in 2013). In contrast, the statistical data from the Netherlands show an increasing trend of loss of the Dutch nationality obtained by means of fraud. The majority of the Dutch statistical data come from the Immigration and Naturalisation Service.33 Prior to 2003, there has not been any loss of the Dutch nationality recorded due to fraudulent acquisition. This is explained by the fact that the main legal provision, Article 14(1) of the Dutch Nationality Act, was first introduced in 2003. Furthermore, we can note that there is a spike in the number of loss of the Dutch nationality fraudulently acquired. This rise can be explained on the basis of the two rulings of the Supreme Court on cases of naturalisations prior to 1 April 2003, which were obtained by means of identity fraud. In essence, these judgments lead to the conclusion that, for person who obtained their naturalisation decree prior to 1 April 2003 by means of identity fraud, the naturalisation decree does not identify the person concerned. 34 The individual thus ‘loses’ the Dutch nationality retroactively (loss ab initio).35
33 Trendrapportage naturalisatie en optie [Trend report naturalisation and option], various years. The trend reports are available on the website of the IND (https://ind.nl/organisatie/cijfers-rapportages/rapportages).
34 Hoge Raad 11 November 2005, ECLI:NL:HR:2005:AT7542 (http://uitspraken.rechtspraak.nl/
inziendocument?id=ECLI:NL:HR:2005:AT7542); Hoge Raad 30 June 2006, ECLI:NL:HR:2006:AV0054 (http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:HR:2006:AV0054).
35 See G.R. de Groot and P. Wautelet (2014), “Reflections on quasi-loss of nationality in comparative, international and European perspective”, CEPS Papers in Liberty and Security in Europe Series No. 66, Centre for European Policy Studies, Brussels, pp. 2-3, 9-10 (www.ceps.eu/book/reflections-quasi-loss-nationality-comparative-international-and-european-perspective).
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Figure 7. Summary of all available data on loss of nationality in EU Member States, by procedure of loss
Source: EUDO CITIZENSHIP Database on Statistics on Loss of Citizenship.
Finally, Figure 7 shows the total loss of nationality of the EU Member States for the entire period (1985-2013) by the procedure in which the loss is effectuated.36 Surprisingly, we can note that the number of voluntary losses of Member State nationality (i.e. ‘Declaration’ and ‘Release’) account for more than 70% of the total recorded loss of Member States’ nationality in the reference period. A possible explanation for this result is that it is methodologically difficult to monitor the number of involuntary losses of nationality, especially where the loss is effectuated ex lege.