Ius Soli: a French constitutional principle?

Since 2008, the archives of the Conseil constitutionnel (the French constitutional court) must be disclosed after a period of twenty-five years. The centre-piece of these archives is the verbatim of the judges’ deliberation. The recent release of the deliberations of the major decision of 20 July 1993 shows new aspects about nationality law in France. Notably, some of these (no longer) secret discussions of the judges suggest that ius soli, while currently only included in ordinary law, could also become an unwritten constitutional principle. Read More …

The revival of denaturalisation under the Trump administration

In 1967, the United States Supreme Court put an end to the U.S. government’s aggressive denaturalisation campaigns, declaring in Afroyim v. Rusk that denaturalisation for any reason other than fraud or mistake violated the U.S. Constitution. More than fifty years later, the Trump administration has resurrected denaturalisation by broadly defining fraud and mistake, as well as by seeking to remove citizenship through the civil system, under which the target has few procedural protections. Read More …

What’s in the EC’s report on investor citizenship?

On 23 January, the European Commission published its long-awaited Report on Investor Citizenship Schemes. The report is accompanied by a Commission Staff Working Document, which provides definitions of investor residence and citizenship programmes, as well as an overview of policies applicable across the 28 European Union (EU) Member States. On the basis of an empirical study of investor citizenship and residence schemes in the EU, the report calls for due regard of EU law in national citizenship policies, especially regarding the link between residence and physical presence, common standards for security checks, and enhanced oversight of intermediaries involved in acquisition of citizenship and residence by investment. Read More …