Lunch seminar with Christian Prener
Citizenship Stripping: recent caselaw from the ECtHR and its tension with the moral justification of citizenship revocation as a means of national security or punishment
Over the past two decades, a trend has emerged among Western states which have either revived or introduced the power to revoke citizenship on grounds of misconduct in an effort to mitigate the threat of terrorism. Most recently, the threat posed by Western citizens returning from abroad after having joined Islamic extremist terrorist organization has led to a significant increase in administrative decisions to revoke citizenship which requires no prior criminal conviction.
While citizenship revocation raises several human rights implications including in regard to statelessness, arbitrariness and discrimination, this presentation focuses on recent caselaw by the European Court of Human Rights which clarifies that administrative revocation of citizenship, despite its severity, does not meet the threshold for a punitive sanction under the ECHR. This restrictive interpretation raises not only legal doctrinal implications but also challenges the moral and criminological justification of citizenship revocation in liberal society.
Christian Prener recently submitted his PhD dissertation ‘The Rise of Denationalisation: Citizenship Revocation on Grounds of Misconduct or Disloyalty’ at the Institute of Law, University of Aarhus and recently joined the Department of Law, SDU, as a part of the interdisciplinary research project JUST SOCIETY. He was a guest researcher at iCourts in Fall 2020 working on his dissertation which offers a legal doctrinal and a legal-normative perspective on the revival of denationalisation laws in the 21st century within the framework of international law and legal/political theory.