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Final Copy 2020 03 24 Poug This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Pougnet, Rachel Title: Cancellation of citizenship and national security a comparison between France and the UK General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. Cancellation of citizenship and national security: A comparison between France and the UK Rachel Pougnet Supervised by Reader Devyani Prabhat and Professor Paula Giliker A thesis submitted to the University of Bristol in accordance with the requirements for award of the degree of Doctor of Philosophy in the Faculty of Social Sciences and Law, School of Law, December 2019. Words: 87,811 1 2 Abstract This thesis is about citizenship deprivation in the context of national security. It looks at the increase in cancellation of citizenship in France and in the UK, two states which profess to hold liberal constitutional values. While citizenship deprivation is not a new measure and has been part of the states’ legal frameworks since at least the aftermath of the First World War, both states have, over the past few years, either significantly increased recourse to citizenship deprivation and/or sought to drastically extend the breadth of the measure for national security purposes. Given that this increase primarily affects minority citizens, in this thesis, I seek to account for both this increase in the practice and its effect on citizenship. I suggest that cancellation of citizenship has serious implications for rights and has weakened citizenship both as a legal status and as a claim to equal rights. However, there are important differences in the states’ practices, with the UK having a far more prevalent practice, coupled with an accommodating legal framework. These differences could be explained by several possible factors: a stronger conception of citizenship and equal citizenship in France; and/or different commitments to international statelessness obligations; and/or by different constitutional structures which hold back the French practice. On balance, although social and political factors are always multi- causal and complex, I suggest that the differing constitutional structures of the two states provide the best explanation for the variance in recourse to citizenship deprivation. 3 4 Dedication and Acknowledgements This PhD journey would not have been possible without the care and support of many whom I am incredibly indebted to, and to whom I would like to express my gratitude. First and foremost, I would like to thank my supervisors, Devyani Prabhat and Paula Giliker, for leading me up to here. Devyani, whom I met when I was an Erasmus student at the University of Bristol, made me choose the academic path through insightful and engaging conversations. She was responsible for introducing me to socio-legal scholarship, challenged me, critiqued my work, and led to a transformation in the way I viewed myself and the world around me. I am also thankful to Paula, for equally extensive knowledge of different academic fields and her critical eye for detail. I am indebted to both, for their patience, words of encouragements, reassurance and advice throughout these years. I will forever be grateful. I would also like to thank the Economic and Social Research Council for providing me with the support to undertake this PhD research and to complete a placement with the European Network on Statelessness. I am grateful to Nina Murray, Chris Nash and Jan Brulc, for introducing me to the world of civil society and forming me over the course of these months. The experience taught me the importance of engagement, dialogue and collaboration, and reinforced my passion for the fight against rightlessness. Within the Law School, I am indebted to the wonderful work of the administrative and executive teams, to Stephanie Dimberline and many others, who were always very understanding and enthusiastic. Many thanks also to the thriving academic environment of the Law Department, to Katie Bales who supported me in my first year of teaching, and Tony Prosser who kindly engaged with my work. Finally, thanks to Marie Selwood for helping me to get the thesis into shape, her responsiveness and efficiency, and the many improvements she brought to it. Throughout my PhD, I received immense support from my PhD fellows, Michael and Ignacio, and my other PhD friends, who helped go through the work, the days, the months and the years. To my other friends from here and there, who listened, encouraged, made me laugh and kept me grounded throughout. A special thanks to Sue Kilroe, my landlady and friend, whose political engagement and kind heart has been a source of inspiration over the course of these years. Being away from home is not easy, but she helped make Bristol a home. And, of course, to Guillermo, for his patience, care and unfailing support. Finally, I would not have been able to complete this journey without the support of my parents, Isabelle and Francis, and my brothers, Marvin and Tom. I dedicate this thesis to you, for your unconditional love and belief in me. Un grand merci à tous. 5 6 Author’s Declaration I declare that the work in this dissertation was carried out in accordance with the requirements of the University's Regulations and Code of Practice for Research Degree Programmes and that it has not been submitted for any other academic award. Except where indicated by specific reference in the text, the work is the candidate's own work. Work done in collaboration with, or with the assistance of, others, is indicated as such. Any views expressed in the dissertation are those of the author. SIGNED: Rachel Pougnet DATE: 20/12/2019 7 8 Table of Contents List of abbreviations .............................................................................................................................. 14 List of documents .................................................................................................................................. 16 List of cases ........................................................................................................................................... 21 Chapter 1: Introduction ................................................................................................................ 25 1.1 Introduction .......................................................................................................................... 25 1.2 Research questions ............................................................................................................... 29 1.2.1 Research question 1 ...................................................................................................... 30 1.2.2 Research question 2 ...................................................................................................... 32 1.2.3 Research question 3 ...................................................................................................... 33 1.3 Methodology: why compare France and the UK? ................................................................ 35 1.4 Methods ................................................................................................................................ 37 1.4.1 Bringing complexities .................................................................................................... 37 1.4.2 Beyond models of citizenship ....................................................................................... 39 1.4.3 Deepening contexts ...................................................................................................... 41 1.5 Acknowledging the role of the researcher ........................................................................... 44 1.6 Chapter plan .......................................................................................................................... 45 1.7 Conclusion ............................................................................................................................. 46 Chapter 2: Cancellation of citizenship and national security: frames of reference...................... 47 2.1 Introduction .......................................................................................................................... 47 2.2 Terminology .........................................................................................................................
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