Building on our May 2024 briefing, this new briefing makes detailed recommendations to support
implementation of the Pact’s new statelessness provisions in line with international law
concerning the protection of stateless persons and prevention and reduction of statelessness.
The new Pact provisions for the first time introduce a legal requirement in EU law to identify and record
indications of statelessness, pending a determination. This constitutes important progress towards
improved identification and protection of stateless applicants and beneficiaries of international
protection in Europe provided there is now full and robust implementation.
To support effective implementation of these new legal requirements, ENS recommends that:
•
The European Commission highlights the new statelessness provisions in its engagement with
Member States, ensures Pact monitoring assesses how the statelessness provisions in the
Screening Regulation and Asylum Procedures Regulation are being implemented, resources
their effective implementation, reflects these provisions in the five-year Strategy on Migration
and Asylum, and develops practical tools to support the identification and determination of
statelessness in the asylum context
•
Member States make necessary adjustments to their national regulatory frameworks and
operational policy and guidance and skill-up officials to ensure indications of statelessness are
identified and recorded at screening and registration, that this information is shared and
considered as appropriate in all asylum, return, and detention decisions including in border
procedures in order to uphold the specific rights of stateless persons under international law,
monitor the specific fundamental rights of stateless persons, and facilitate pathways to
determine statelessness at an appropriate juncture in international protection proceedings
•
EU Agencies (EU Asylum Agency, FRA, Frontex, EU-Lisa) ensure that the legal requirement to
identify and record indications of statelessness is mainstreamed across all relevant products and
activities, recognising its crosscutting nature, and that mechanisms are in place to uphold the
specific rights of stateless persons under international law
•
Eurostat ensures that data collection mechanisms provide for the possibility to identify and
record indications of statelessness
•
The European Parliament monitors and provides oversight of implementation of the
statelessness provisions and protection of the fundamental rights of stateless persons
•
UNHCR and civil society actors incorporate recommendations on statelessness into relevant
publications and advocacy interventions at regional and national levels, and ensure their teams
are equipped to support stateless individuals and those with undetermined nationality to access
their rights
We are calling for collaborative action between all stakeholders including affected communities to
implement the new statelessness provisions and guarantee the full rights and support owed to stateless
applicants and beneficiaries of international protection under international law.
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