The deprivation of citizenship of foreign terrorist fighters and their family members and the problem of repatriation of these persons through the lens of EU law

Abstract

This paper explores the intersection of national and EU law in the context of citizenship deprivation and the repatriation of foreign terrorist fighters (FTFs) and their families. Focusing on recent cases of the Court of Justice of the European Union (CJEU), it addresses the evolving role that EU law plays in the assessment of the validity of Member States’ decisions to strip individuals of national citizenship. The analysis emphasizes the impact of EU citizenship on the proportionality assessment of such decisions, highlighting the right to free movement and access to EU territory. This is evidenced by a comparison between the law and practice in three countries: the UK, France and Denmark. Additionally, the article underscores the need for a unified EU approach to the repatriation of FTFs and their children. The absence of a common strategy among Member States is identified as a concerning gap in addressing the challenges posed by FTFs. The paper also makes some observations on the relevance of EU law not only for the deprivation, but also for the award of national citizenship, with reference to the so-called ‘golden passport’ cases (also known as citizenship by investment).