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Member States can be left a margin of discretion in the design and operation of statelessness determination procedures. They may, for example,
choose to integrate statelessness determination procedures within the competence of immigration authorities or confer the responsibility for statelessness
determination on the organ responsible for nationality matters.113 There
should, however, be a common interpretation of the definition of statelessness,
as well as a minimum set of procedural guarantees and evidentiary standards
for determining statelessness. Authoritative guidelines on interpreting the various elements of that definition, procedural guarantees, types of evidence and
issues of proof in the context of identifying stateless persons are provided by
the UNHCR Handbook on Protection of Stateless Persons. The Handbook may
serve as starting point for formulating standards at the EU level. Inspiration
may also be drawn from legal arrangements in Member States that already
have statelessness determination procedures in place.114 Furthermore, the
Asylum Procedures Directive (2013/32/EU) can provide useful guidance for setting procedural guarantees.
6.2
Content of Protection
The proposed EU mechanism would ensure that individuals with the status of a stateless person are granted a standard of treatment pursuant to the
1954 Convention. Even though not all Member States have ratified the 1954
Convention, there is ample reason to recognize in a Union legal framework that
persons who cannot invoke the protection of their country of nationality—
because they have no such country—should be granted a basic level of civil,
social, economic, and cultural rights in their country of habitual residence. The
proposed EU framework would provide a modern codification of basic rights
to be accorded to stateless persons in the sphere inter alia of social welfare,
housing, employment, education, and healthcare. It should also include rights
that are specific to stateless persons such as the issue of identity papers and
travel documents, and the provision of administrative assistance in relations
with foreign States.115 The regime of rights and benefits in the Qualification
113 Cf. UNHCR, Handbook on Protection of Stateless Persons (Geneva, UNHCR, 2014), para 63.
114 Good practices have been compiled in: 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). See also Adviescommissie Vreemdelingenzaken
(ACVZ), Geen land te bekennen (Dutch Advisory Committee on Migration Affairs, ‘No
country of one’s own’) Dec. 2013 (Den Haag, ACVZ, 2013), p. 111.
115 Art. 25. 27, and 28 of the 1954 Statelessness Convention.
European Journal of Migration and Law 19 (2017) 101–135