Myria highlights concerns over proposed automatic loss of Belgian nationality
On 12 January 2026, Myria issued a press release regarding a joint opinion with the Federal Institute for Human Rights (IFDH) on a draft law concerning the automatic loss of Belgian nationality. The joint opinion raises concerns over the significant expansion of offences and individuals affected, including dual nationals and Belgian-born citizens. Myria and IFDH highlight potential conflicts with equality, procedural safeguards, and fundamental rights, including the presumption of innocence. The press release draws attention to the consequences for residence rights and the need for thorough judicial review.
The draft law amending the Belgian Nationality Code and the 15 December 1980 law on access to the territory, residence, establishment and removal of foreigners regarding the loss of Belgian nationality and the withdrawal of residence rights for dual nationals convicted of offences against public security, crimes against humanity, human trafficking, serious sexual offences and genocide proposes an automatic loss of Belgian nationality for a wide range of crimes. It also links this loss directly to the withdrawal of residence rights for affected dual nationals. The law would apply to all Belgian citizens with dual nationality, including those born in Belgium to Belgian parents, and would reduce the threshold for certain offences to a minimum sentence of three years, including suspended sentences.
Myria and the Federal Institute for Human Rights (IFDH) raised concerns in their joint opinion, highlighting that the draft law significantly expands both the types of offences and the categories of persons affected. The automatic nature of the measure limits judicial discretion and procedural safeguards, potentially conflicting with the presumption of innocence, equality, and fundamental rights under Belgian and European law. The opinion also points out that certain criteria proposed for judges to deviate from automatic loss are insufficiently justified and should be reconsidered, particularly for offences beyond terrorism, genocide, or crimes against humanity.
The joint opinion further emphasises the consequences for residence rights, noting that automatic withdrawal could leave individuals, including former beneficiaries of international protection, in a legal limbo. Myria and IFDH recommend that judicial review take full account of individual circumstances and that specialised services, such as the Immigration Office and the Council for Alien Law Litigation, play a key role in assessing the proportionality of any loss of nationality or residence rights.
For further information, please consult the press release from Myria in French or in Dutch.