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.
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