DPCE online, 2020/4 – Saggi
ISSN: 2037-6677
Governing through uncertainty? Migration Law
and governance in a comparative perspective
ambiguity of statelessness in the context of forced migration. The paper shows
that the lack of nationality matters in the ‘competence catalogue’ does not and
should not prevent the EU from governance in statelessness-related fields.
In order to follow the commitments made on the international level
(including the pledges to the UN and willingness to contribute to achievement of
the SDGs), the action is indispensable from the side of both the EU and its Member
States. The former, having a transparent legal basis to initiate relevant legislation,
should aim at addressing incoherence on the policy level. The Member States
should put in place, or improve statelessness determination procedures in order to
change the issues arising from invisibility of the problem and to guarantee
sufficient level of protection to both in situ stateless population and to stateless
migrants. Securing legal certainty for de jure stateless individuals, even if provided
by a well-defined status of a stateless person, allows for an increase in human
rights standards for those who are invisible.
Oleksandra Zmiyenko
EU International Relations and Diplomacy Studies Department
College of Europe
oleksandra.zmiyenko@coleurope.eu
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