The Dutch government has proposed an amendment to the Netherlands Nationality Act (1984), that allows the Dutch nationality of citizens with dual citizenship to be withdrawn in the interest of national security for participation in a terrorist organization, without the prior condition of a criminal conviction.

In a written response, professor Jessurun d’Oliveira concludes that the government would do well to reconsider this legislative proposal. He considers the amendment to be in violation of the European Convention on Nationality, doubts its efficacy and warns for a perilous void in legal protection which violates the Charter of Fundamental Rights of the European Union. His primary objection is the lack of awareness about the meaning of possession of a nationality. It is treated like a random instrument that can be used in any way desired, and through which a system of first- and second-rate citizens is created: the citizen with one nationality versus the citizen with two nationalities. The nationality of the first group cannot be stripped, but that of the second group can. Therefore, the consequence of this proposal is a dangerous slippery slope, that one should wish to avoid.

Read the legislative proposal here and the reaction by professor Jessurun d'Oliveira here (only available in Dutch).

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Prakken d'Oliveira, formerly known as Böhler, is a law firm with expertise and experience in asylum and immigration law, European law, administrative law, international criminal law and human rights. Our lawyers provide advice and conduct procedures before the Dutch Immigration and Naturalization Service (IND), the Dutch Review Committee on the Intelligence and Security Services (CTIVD), the District- and Appeals courts, the Administrative Law Division of the Dutch Council of State, the Supreme Court of the Netherlands, the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), the Human Rights Treaty Bodies of the United Nations (UN), the International Criminal Court (ICC), and other international tribunals.