Reference : Quasi-loss of nationality - a new concept or a non-issue?
Scientific congresses and symposiums : Unpublished conference/Abstract
Law, criminology & political science : European & international law
Quasi-loss of nationality - a new concept or a non-issue?
Wautelet, Patrick mailto [Université de Liège - ULiège > Département de droit > Droit international privé >]
de Groot, Gerard-René []
Macimide Kick Off Conference
4 April 2014
[en] nationality ; loss ; quasi-loss ; legal certainty ; European law ; Rottmann
[en] Quasi-loss of nationality : “is this a loss I see before me?”
Prof. Gerard-René de Groot (University Maastricht, Aruba and Hasselt)
Prof. Patrick Wautelet (University Liège)

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away which existed, those situations involve a decision that a nationality was never acquired. This subtle distinction between loss and non-acquisition will in most cases be lost on the persons concerned who will experience the decision as a loss of nationality.

The central question of this paper is, whether these situations of quasi-loss differ so much from loss cases, that they have to be treated differently. If and insofar as this would be the case, a next question is, whether a person should under certain circumstances be protected against quasi-loss of her or his nationality.

In order to answer these questions, the paper will first attempt to map out situations of quasi-loss in EU member states. Typical cases will be described in which a person did never acquire the nationality of the country, although (s)he was considered as a national before certain facts happened.

Drawing on this taxonomy, the paper will offer a first attempt at uncovering whether national, European and international law offer some protection, and if yes, to which extent, for situations of quasi-loss.

This paper will conclude with outlining best practices which Member States should comply with in handling quasi-loss situations.
Researchers ; Professionals ; Students
This research benefits from financial assistance from the EU
This research takes place in the framework of the ILEC-project, a two-year research project that aims to fill the knowledge gap surrounding the rules and administrative procedures applicable to loss of nationality across the European Union, and their relation to existing European and international legal standards (

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