Why Union Law Can And Should Protect Stateless Persons 117 other cases there might be more appropriate solutions for residence available abroad.60 At present, the Member States of the European Union are largely failing to provide comprehensive protection to stateless persons. First, only seven EU Member States have dedicated statelessness determination procedures, namely France, Italy, Spain, Hungary, the United Kingdom, Latvia and Slovakia.61 In other Member States, formal determinations of statelessness are either impossible or happen sporadically and ineffectively.62 Moreover, existing statelessness determination procedures are critiqued for lack of procedural guarantees, administrative and practical impediments in access to the procedure, poor coordination with asylum procedures, a lack of clarity regarding rules on evidence and interpretations of the definition of stateless person which deviate from UNHCR guidelines.63 This endangers the proper implementation of the 1954 Convention, and may also lead to violations of the 1961 Convention. Even though UNHCR has emphasised that the obligation to establish an adequate status determination procedure is implied in the Conventions, and has issued 60  U NHCR, Handbook on the Protection of Stateless Persons (Geneva, UNHCR, 2014), pp. 54–55. 61 See European Network on Statelessness (ENS), Statelessness Determination and the Protection Status of Stateless Persons: A summary guide of good practices and factors to consider when designing national determination and protection mechanisms (London, ENS, 2013), p. 9. In addition, Belgium does not have a dedicated determination procedure, but the establishment of the statelessness status can take place in courts, see UNHCR, Mapping Statelessness in Belgium (Geneva, UNHCR, 2012), pp. 47–63. 62 See Batchelor, C., ‘The 1954 Convention Relating to the Status of Stateless Persons: Implementation Within the European Union Member States and Recommendations for Harmonization’, 22(2) Refuge (2005) 31–58; Swider, K., Statelessness Determination in the Netherlands, Research Paper No. 2014–04 (Amsterdam, Centre for European Law and Governance, 2014), accessible on SSRN at http://ssrn.com/abstract=2434573; UNCHR, Mapping Statelessness in the Netherlands (Geneva, UNHCR, 2011), pp. 33; UNHCR, Mapping Statelessness in Malta (Geneva, UNHCR, 2014), pp. 46–56; UNHCR, Mapping Statelessness in Belgium (Geneva, UNHCR, 2012), p. 17. 63 See in general Bittoni, G., ‘Statelessness in the European Union’, 19 Tilburg Law Review: Global Law Special Issue—Statelessness (2014) 52–63. Also see Groot, G.R. de, K. Swider, O. Vonk, Practices and Approaches in EU Member States to Prevent and End Statelessness, Study for the LIBE Committee, Nov. 2015, (Brussels, European Parliament, 2015), pp. 48– 51. On the French determination procedure specifically, see Chassin, C.-A., ‘Panorama français du droit de l’apatridie’, 2 Revue française de droit administratif (2003) 324–330; Likibi, R., Le droit de l’apatridie: pratiques et controverses (Paris, Publibook, 2013), pp. 257–303. European Journal of Migration and Law 19 (2017) 101–135

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