Professor Jessurun d’Oliveira rejects proposal to withdraw nationality of Jihad-goers
Amsterdam, 24 February 2015 – 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to the Netherlands Nationality Act (1984), that allows the Dutch nationality of citizens with dual citizenship to be withdrawn in the interest of national security for participation in a terrorist organization, without the prior condition of a criminal conviction.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.