Applying the statelessness provisions in the EU Pact on Migration & Asylum
May 2026
legislative proposals have been submitted close to the implementation deadline, there has been
very limited opportunity for scrutiny and delays in implementation are likely.
Competent authorities for screening have been designated in most countries surveyed (usually the
police or border authorities), but it is generally not known if these authorities have access to training
or guidance on statelessness (e.g. the EUAA training and tools).
Gaps at the preparation stage are also reflected in continued uncertainty around application. In
particular, how statelessness will be addressed in practice once identified, particularly in relation to
the obligation to register a claim of statelessness pending determination (Article 27(2) APR). It is
unclear if authorities have access to any guidance or standard operating procedures on how to act
on indications of statelessness. This is particularly the case in countries that do not have a dedicated
statelessness determination procedure (SDP), where it is unclear how determination will happen in
practice and who will be competent for this. Even in countries with SDPs, referral pathways from
screening or asylum procedures do not appear to have been established, raising concern about
access to existing procedures to determine statelessness.
Some Member States (e.g. Austria, Ireland, Malta) are considering introducing SDPs to meet
obligations under the Pact, which is welcome. When establishing such procedures, it is important to
ensure clear procedural links that allow for the determination of both claims for international
protection and claims of statelessness.
In relation to fundamental rights monitoring, most Member States have designated national
ombudspersons to carry out this function, while others have appointed other national-level oversight
bodies or are still in the process of establishing these mechanisms.
Given these gaps and uncertainties in the implementation phase, we outline a series of detailed
recommendations below on how to ensure full and robust application of the statelessness provisions
in the Pact going forwards.
The new return regulation
Alongside the Pact, a new Return Regulation will complete the EU’s reformed migration framework.
We are deeply concerned that the Regulation weakens safeguards and adopts an enforcement-led
approach, which fails to account for the specific situation of stateless people. Final drafts contain no
reference to statelessness or Member States’ obligations towards stateless people under
international law, nor do they establish clear obligations to identify statelessness within return
procedures. This omission is inconsistent with the Pact, creating a significant gap that undermines
the coherence of EU migration law and policy.
While the results of vulnerability checks during Screening are intended to inform subsequent
procedures, including returns, reliance on this stage alone is insufficient. Statelessness may arise or
only become apparent after Screening, some individuals subject to return may not have been
screened, and Screening may miss or inadequately capture indications of statelessness. At a
minimum, there is a clear need to update operational guidance (e.g. the Return Handbook) with
statelessness-specific considerations and to closely monitor readmission and return practices in light
of emerging evidence of risks and gaps affecting stateless people.
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