1 janvier 2016
Jules Lepoutre, « Le bannissement des nationaux : comparaison (France-Royaume-Uni) au regard de la lutte contre le terrorisme », HAL-SHS : droit et gestion, ID : 10670/1.0104w7
Every individual has the right of entry and residence, and not to be expelled from his own State of nationality. Accordingly, in the context of prevention and suppression of terrorism, nationality revocation is the only suitable tool that allows deportation or prevent the return of a (former) national. French and British policies converge on this point: whenever legislations enable them to, those States do not hesitate to revoke an individual nationality for terrorism activity, for the purpose of banishment. However, the legal framework is uncertain. As is often the case in nationality law, State’s sovereign rights can clash with fundamental rights of individuals, but also with other States interests. This article takes stock of French and British banishment measures and examines the current situation and future perspectives in this area.