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Why Union Law Can and Should Protect Stateless Persons
M. den Heijer,Katja Swider +1 more
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In this paper, the authors argue that the European Union can and should establish a legal framework for the identification and protection of stateless persons who reside in one of the Member States.Abstract:
This contribution argues that the European Union can and should establish a legal framework for the identification and protection of stateless persons who reside in one of the Member States. Our proposal for EU legislative action is based on the observation that the post-war international legal framework for protecting stateless persons has failed to take root in a majority of EU Member States. This contribution analyses the potential of the EU to address protection failures stemming from legislative inactivity of Member States. We argue that the EU is competent to address the issue and that EU action need not conflict with Member States’ prerogatives in nationality matters. The key elements of an EU directive on statelessness would consist of common criteria for i) a fair procedure for determining whether a person is stateless; ii) the standard of treatment to be accorded to stateless persons; and iii) the conditions of residence for stateless persons.read more
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On the Protection of Stateless Persons in Germany
TL;DR: In this paper, the legal framework for the protection of stateless persons in Germany is analyzed, in particular the definition of a stateless person under German law, the availability of protection outside the context of asylum procedures, access to travel documents and naturalization.
Journal Article
Buitenschuldbeleid schiet tekort in bescherming staatlozen
S. Jaghai,Caia Vlieks +1 more
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Moving Statelessness Forward on the International Agenda
TL;DR: In this paper, the authors outline what a government can do in order to address statelessness through foreign policy initiatives and highlight the issue of protecting stateless persons in different international fora.
References
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The 1954 Convention Relating to the Status of Stateless Persons: Implementation Within the European UnionMember States and Recommendations for Harmonization
TL;DR: approaches taken by EU Member States to the identification and recognition of stateless persons on their respective territories are assessed, and recommendations aimed at furthering harmonization of approaches as between States are outlined.
The impact of Union citizenship on national citizenship policies
Gareth Davies,K. Rostek +1 more
TL;DR: In this paper, it is shown that EU citizenship is parasitic upon national citizenship, and that there is an influence from the EU institutions and EU legislation, for example by granting rights to long-term third country national residents.
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Statelessness in the EU Framework for International Protection
TL;DR: In this paper, the authors examine the EU framework for international protection and the forms of protection stateless forced migrants can currently count on in the Union and show that statelessness frequently remains a hidden phenomenon in the EU, making persons without a nationality invisible and living on the margins of society.
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Stateless persons under international law and EU Law: a comparative analysis concerning their legal status, with particular attention to the added value of the EU legal order
TL;DR: In this article, the authors draw a picture on the legal status and protection of stateless persons, granted principally by public international law and partly, indirectly the law of the European Union.