Applying the statelessness provisions in the EU Pact on Migration & Asylum May 2026 Recommendations to APPLY the statelessness provisions in the Pact To address current gaps and ensure effective implementation and application of the statelessness provisions, ENS recommends that: 1. Member States Finalise and operationalise national regulatory frameworks, operational policies and guidance to ensure the effective application of the stateless provisions under the Screening and Asylum Procedures regulations, incorporating remaining adjustments where required. Assess and increase capacity to identify and record indications of statelessness and the specific needs of stateless applicants and those with undetermined nationality, including unaccompanied children, and all adults and children in a family group. Ensure frontline officials (including police and border guards) are adequately trained and have the tools and resources they need to identify, record, and act upon indications of statelessness. Establish, in line with Article 27(2) APR, standard operating procedures and procedural pathways to determine statelessness (or nationality) by trained personnel in a dedicated procedure with procedural safeguards at an appropriate juncture in international protection proceedings Act on indications of statelessness by facilitating access to the territory and the regular asylum procedure and/or statelessness determination procedure, taking into account that accelerated procedures may be inappropriate in cases involving statelessness, particularly where this gives rise to complex questions of fact and law Apply Article 42(2) APR by automatically transferring cases to the regular procedure when the time limit is exceeded and as soon as complex questions of fact or law emerge to minimise the risk of applicants being left in limbo Ensure that statelessness is adequately considered in all relevant procedures and action taken to facilitate access to the territory where appropriate given that stateless people are very likely to be unreturnable to their country of habitual residence and at particular risk of ending up in limbo and arbitrary detention Ensure that, across all procedures, authorities take due account of the specific situation and profile of stateless people and adopt positive measures to guarantee their effective protection and non-discrimination, recognising that statelessness is considered a vulnerability under the Pact Ensure that the specific international law standards relating to the protection of stateless persons and prevention and reduction of statelessness are reflected in independent fundamental rights monitoring mechanisms When developing information materials, ensure that these include specific information for stateless applicants and those with undetermined nationality Ensure that where new mechanisms for free legal counselling are being developed, these include adequate capacity and training to provide counselling on the specific rights and procedures for stateless persons and those with undetermined nationality 2. The European Commission Continues to highlight the statelessness provisions in its engagement with Member States, providing support to national authorities to effectively operationalise these, including by producing and publishing guidance on how to identify indications of statelessness and how to apply Article 27(2) APR.