El Derecho de nacionalidad y extranjería para combatir los actos de terrorismo

  1. Lidia Moreno Blesa
  2. Esther Alba Ferré
Aldizkaria:
Anuario Hispano-Luso-Americano de derecho internacional

ISSN: 0570-4316

Argitalpen urtea: 2019

Zenbakia: 24

Orrialdeak: 413-429

Mota: Artikulua

Beste argitalpen batzuk: Anuario Hispano-Luso-Americano de derecho internacional

Laburpena

Terrorist attacks that have plagued Europe in the last five years have activated the application of law in the affected countries, to deprive the nationality of the responsible, when it is found that he has been a foreign citizen and with nationality of these same countries. Two positions seem to be faced when taking part in a regulation that punishes the terrorist with the loss of the nationality of the State in question, as a deterrent to try to reduce this type of crime. Thus, from those most inclined tocondemn the loss of nationality, as is the case of Belgium, even the most reluctant, as in the Portuguese legislation that, considering nationality a fundamental right, only allows the loss of nationality based on the will of the national. With regard to Spain, a preliminary draft of acquisition and loss of nationality was presented in 2015, from which foreign immigrants who had obtained nationality could lose it for “reasons of public order”, but the measure was rejected. However, the withdrawal of nationality for acts of terrorism in the Spanish legal system could be based on the application to the requirement of good civic conduct that is applied to acquire nationality.