حماية الأمن الوطني للدولة في ضوء أحكام التجنس بجنسيتها : دراسة مقارنة في النظامين المصري و السعودي

الملخص EN

This research deals with the security objectives behind setting specific accurate rules for acquiring nationality.

In fact, the legislator aims at protecting the national security of the state.

These rules prevent the foreigners who are not eligible from acquiring the country’s nationality.

In other words, nationality laws allow foreigners to acquire a country's nationality if they have strong ties with the country.

That is to say, they have acquired the customs, traditions and the language of its people and have stayed there for a long enough time.

Some general naturalization rules are disregarded for certain groups who have strong ties with the people of the homeland, and consequently they are granted nationality according to rules of special naturalization, contrary to all foreigners who acquire nationality by means of general naturalization which is usually demanding and difficult to achieve.

Nationality is also granted by means of exceptional naturalization to some people who render valuable services to the country.

These services express their loyalty to the country and their affiliation to its people and show their care for its well-being.

So, the rules of exceptional naturalization are less rigorous than the rules of the other two kinds.

This study has been based on the Egyptian and the Saudi laws of naturalization.

The researcher has adopted compartive study techniques, pointing out aspects of similarity and aspects of differences between the two laws, and the extent to which they agree with other comparative nationality laws in the world, specially the Arab laws.

As regards research plan, the researcher has divided the study into an introduction and three chapters.

The introduction has defined the meaning of national security, as an objective which all nationality laws aims at achieving.

The three chapters dealt with rules of general, special and exceptional naturalization that aim at achieving national security.

This has been done in the following procedure: Introduction: Concept of national security.

It is divided into two sections: Section one: Definition of national security in the Arabic language and in Sharia (Islamic Law).

Section Two: Concept of national security and scholars.

Chapter One: Rules of general naturalization that aim at protecting national security.

This is divided into two sections: Section One: Concept of general naturalization and its organization in the Egyptian and the Saudi Laws.

Section Two: Conditions of general naturalization in the Egyptian and the Saudi laws.

This is divided into four branches: First Branch: The conditions that the naturalized should fulfill to ensure his integration with the national society.

The content of each condition and how it is organized have been made clear in the two systems of study.

Aspects of similarities and aspects of differences, if there are any, as well as the security objective have also been pointed out: These conditions are: 1.

Permanent ordinary residence in the country for ten successive years 2.

Reasonable command of Arabic Second Branch: Conditons that aim at protecting national society of the country: The ways and the hows these conditions are organized as well as their security objective have been discussed.

These conditions state that: 1 The naturalized should be able to support himself.

2 The naturalized should not be ill mannered or troublesome.

3.

The naturalized should be strong and healthy.

Third Branch: The naturalized should be eligible, i.e.

fulfil) all the legal requirements for naturalization.

The way this condition has been organized, and its security objective have been discussed.

Fourth Branch: The naturalized should give up his foreign nationality.

The way this condition has been organized and its security objective have been made clear.

Chapter Two: Rules of special naturalization that aim at protection national security.

This chapter is divided into two sections: Section One: Concept of special naturalization and its organization in the Egyptian and the Saudi Laws.

Section Two: The wisdom behind special naturalization.

Chapter Three: Rules of exceptional naturalization that aim at protecting the national security.

This chapter is divided into two sections: Section One: The concept of exceptional naturalization and how it is organized in the Egyptian and the Saudi Laws.

Section two: The wisdom of exceptional naturalization.

Conclusion: The researcher summarized the results of the study and came the conclusion that Egyptian and the Saudi laws, object of the study, have made the three types of naturalization a “safety valve" against naturalizing people who are not loyal to the country or ineligible for integration with its people.

The research has been followed with assorted list of references in Arabic, French and English.

These references are related to Sharia, Arabic language, National Security as well as law in general and naturalization in particular.

A list of all the laws and natu¬ralization in particular.

A list of all the laws and the formal docu¬ments used in the study has also been included.