Open Access
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
Loading...
Files
LAW_2024_01.pdf (513.99 KB)
Full-text in Open Access
License
Attribution 4.0 International
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1725-6739
Issue Date
Type of Publication
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
EUI; LAW; Working Paper; 2024/01
Cite
POLI, Sara, LONARDO, Luigi, 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, EUI, LAW, Working Paper, 2024/01 - https://hdl.handle.net/1814/76536
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).