Implementing the statelessness provisions in the EU Pact on Migration & Asylum
October 2024
4. Frontex
- Ensures that all Frontex staff have received training on statelessness and are
equipped with adequate knowledge of statelessness when conducting
operations
- Ensures that it has adequate capacity, knowledge, and training on statelessness
to provide operational support to Member States on screening, in particular to
support the training of screening authorities to implement their obligations to
identify and record indications of statelessness
5. Eurostat
- Ensures that data collection mechanisms provide for the possibility to identify
and record (indications of) statelessness with a separate field for this purpose,
as well as to record different nationalities or statelessness for different family
members including children
- Facilitates improved harmonisation and reporting of data on statelessness,
including clear definitions for the use of nationality categories (for example,
avoiding potentially overlapping categories such as ‘Palestinian’ and ‘stateless’,
ensuring clear guidance is provided to Member States to improve the quality of
data) to support monitoring of the implementation of new statelessness
provisions
6. European Parliament
- Ensures that in its monitoring and oversight role, the statelessness provisions
and fundamental rights of stateless persons are being fully and adequately
implemented
- Passes resolutions that call on Member States to introduce stronger safeguards
and protections for stateless persons in line with international law and human
rights standards
7. Member States
- Carefully consider and incorporate the necessary adjustments to their national
regulatory frameworks and operational policy and guidance to ensure the
effective application of the new stateless provisions, in particular under the
Screening and Asylum Procedures regulations
- Ensure sufficient capacity to identify and record indications of statelessness
and the specific needs of stateless applicants and those with undetermined
nationality, including minors, and to share the necessary information to be able
to address these needs across all steps of the asylum procedure, including
sufficient and adequately trained staff, tools and resources to support
identification and accurate recording of indications of statelessness
- Consider and implement, in line with Article 27(2) APR, pathways to determine
statelessness (or nationality) by trained personnel in a dedicated procedure
with procedural safeguards at an appropriate juncture in international
protection proceedings as an outcome of identifying indications of
statelessness at screening
- 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, including in relation to statelessness, to minimise the risk of
applicants being left in limbo
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