Das Staatsangehörigkeitsrecht im Lichte von Art. 8 EMRK

tizenship. However, the case law of the ECtHR shows some methodological weaknesses and remains partly diffuse. In accordance with the general rules regarding the ECHR and in particular Art. 8 ECHR, a distinction must be made between positive and negative obligations. Regarding the latter, both the deprivation and the imposition of a citizenship constitute an interference with the right to respect for private life. Following the general structure of Art. 8 ECHR, interferences in this human right must have a legal basis, pursue a legitimate aim and be proportionate; otherwise they are unlawful and Art. 8 ECHR is violated. Particular attention should be paid to the proportionality test. In this context, the legal consequences of the respective measure, first and foremost the occurrence of statelessness, must be taken into account. In the case of positive obligations, in particular the denial of citizenship, a fair balance must be struck between the interests of the individual and the community in order to determine whether there has been a violation of Art. 8 ECHR. In addition, Art. 8 ECHR opens the scope of application of the accessory principle of equal treatment of Art. 14 ECHR, whereby national citizenship regimes can be reviewed for discrimination.