Statelessness Working Paper Series No. 2017/08 Statelessness determination in Europe: towards the implementation of regionally harmonised national statelessness determination procedures Noémi Radnai Statelessness Working Paper Series No. Paper no. 2017/8 Institute on Statelessness and Inclusion December 2017 Author biography Noémi Radnai recently graduated MA in International Relations at Corvinus University of Budapest, while simultaneously studying at the Faculty of Law at Eötvös Loránd University. Her master’s thesis focuses on determining statelessness in Europe, upon which this article is based. Her thesis research foresees the regional harmonisation of standards on statelessness determination procedures. Having completed her internship at UNHCR Central Europe, Noémi is interested in solution-oriented legal research with a view to protect persons of concern to UNHCR. Author email radnai.noemi@gmail.com Key words Statelessness determination procedure, protection, harmonisation, European Union, Council of Europe Abstract Nationality is the closest legal tie between a natural person and a state. Stateless individuals lack this bond. To provide stateless persons with basic human rights, the international community created an autonomous protection status by adopting the 1954 Convention relating to the Status of Stateless Persons. However, for the proper implementation of this protection status, States need to establish statelessness determination procedures. In contemporary Europe, statelessness should be a major concern, and a growing number of European states are recognising the need to protect the stateless. The time has come for Europe to address the identification and protection of stateless persons in a harmonised manner. This paper argues that the harmonisation of standards on statelessness determination procedures at the European level would enhance the current national efforts in the identification and protection of stateless persons. To this end, European states need to facilitate the creation of a regional legal instrument, taking advantage of the powerful international organisations that exist in the region: the European Union and the Council of Europe. The legal instrument should serve as an incentive for States to establish statelessness determination procedures and to set out regionally harmonised minimum standards. 3

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