Open Access
When losing citizenship is fine : denationalisation and permanent expatriation
Loading...
Files
postprintLepoutre.pdf (256.22 KB)
Embargoed until 2021, Post-print version
License
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1362-1025; 1469-3593
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Citizenship studies, 2021, Vol. 24, No. 3, pp. 339-354
Cite
LEPOUTRE, Jules, When losing citizenship is fine : denationalisation and permanent expatriation, Citizenship studies, 2021, Vol. 24, No. 3, pp. 339-354 - https://hdl.handle.net/1814/66370
Abstract
Over the last few decades, only a few studies have assessed denationalisation as a way of terminating ‘obsolescent’ citizenship resulting from the long-term emigration of an individual. This mode of loss of citizenship seems prima facie more legitimate than citizenship revocation as a means of punishment, as it only represents the legal recognition of the disappearance of a genuine link between an individual and a state. This paper explores the legal status of this mechanism (both from international law and national legislation) and differentiates three models (corrective, preventive, and extensive). From a normative perspective, reviewing three democratic theories of citizenship, this paper claims that the most persuasive justification for this mode of loss is the ‘all subjected persons’ principle. The loss of citizenship of permanent expatriates thereby becomes part of a democratic theory linking habitual residence with possession and conservation of citizenship, with due respect for human rights principles.
Table of Contents
Additional Information
First published online: 25 February 2020
External Links
Publisher
Geographical Coverage
Temporal Coverage
Version
Source
Source Link
Research Projects
European Commission, 716350