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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