Barriers to the Equal Treatment of (aspirant) Citizens: The Case of the Application of Nationality Law in Belgium

Through the analysis of in-depth interviews with 36 officers involved in nationality acquisition procedures and representatives of associations working to support candidates, I analyse the application of current Belgian nationality law. I show how significant variation, mainly between different territorial offices, exists in the application of the law and how such variation contradicts the fundamental democratic norm of the equality of (aspirant) citizens. This is despite legislation with a high level of codification of the requirements, as well as a procedure that involves magistrates and allows full judicial review, conditions that should leave very little space for discretion. I argue that such variation in the Belgian case arises mainly from the decentralized organization of the procedure and the lack of measures to assure shared interpretations of the law at the national level.