This expert opinion concerns cases of revocation of Dutch nationality of dual nationals (allegedly) involved in terrorist organizations. In some of these cases Dutch nationality is revoked on the basis of a final conviction for a terrorism-related crime. Other cases concern the revocation of Dutch nationality of so-called ‘jihadists’ who travelled to Syria, in the interests of national security. These two types of revocation are based on two different provisions in the Dutch Nationality Act. The revocation of Dutch nationality of dual nationals raises important legal questions, which are addressed in this expert opinion.
This expert opinion first explains the concept of nationality and its importance. It will argue that the Dutch legislation, which allows for the revocation of Dutch nationality of dual nationals, leads to unequal treatment of mono- and dual nationals, in particular Dutch-Moroccan nationals. It is contended that there are strong indications that Dutch legislation is directly discriminating on grounds of nationality and that no convincing justification for this has been brought forward by the Dutch Government. Moreover it is argued that the question whether a person’s conduct is seriously prejudicial to the vital interests of the state should be answered on an individual basis. Even if a person’s conduct fulfils this criterion, the proportionality of the revocation of nationality should be assessed.