In a ruling delivered on February 26, 2021, the UK Supreme Court confirmed the decision, adopted by the Secretary of State on the basis of art. 40(2) BNA, to deprive Shamima Begum of her British citizenship for national security reasons, due to her affiliation to ISIL, stating that the decision is not in contrast with her right to a fair hearing. According to the Court, indeed, in deprivation decisions the Secretary of State enjoys a wide margin of discretion and national security interests shall prevail over individual rights. As it is argued in this paper, the ruling is highly problematic, providing, while indirectly, for additional limitations to the right of the individual to a citizenship.
La revoca della cittadinanza tra sicurezza nazionale e diritti. Note a margine del caso Shamima Begum
Maria Dicosola
2021-01-01
Abstract
In a ruling delivered on February 26, 2021, the UK Supreme Court confirmed the decision, adopted by the Secretary of State on the basis of art. 40(2) BNA, to deprive Shamima Begum of her British citizenship for national security reasons, due to her affiliation to ISIL, stating that the decision is not in contrast with her right to a fair hearing. According to the Court, indeed, in deprivation decisions the Secretary of State enjoys a wide margin of discretion and national security interests shall prevail over individual rights. As it is argued in this paper, the ruling is highly problematic, providing, while indirectly, for additional limitations to the right of the individual to a citizenship.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
