Part II. European Law on Nationality and Statelessness
This has led to further work on statelessness being taken up by the CDCJ, which
sees statelessness as one of the topics of its ongoing activities. This renewed interest
seems to have background in the migration ‘crisis’ that Europe faced and which was
also considered in paragraph 2.7. Christophe Poirel, Director of Human Rights of the
CoE, has indicated for instance that the issue of statelessness became “more acute with
the migration crisis”.602 In 2019, an analysis was conducted of the current practices
regarding the avoidance and reduction of statelessness by Europe.603 The presentation
of this report led the CDCJ to decide to take on the recommended action and
organize an “international conference on statelessness to raise awareness and promote
implementation of Council of Europe standards in this field” as well as a “series of
technical meetings on statelessness following the conference”.604
In September 2021, the CDCJ and UNHCR organized an International Conference
and Technical Meeting of Experts on statelessness and the right to a nationality in
Strasbourg. The technical meeting on the fi rst day was focused on the need for wellfunctioning statelessness determination procedures as well as preventing and reducing
statelessness in Europe, among children in particular.605 Th is technical meeting
identified a number of points that needed to be taken into account in enacting and
improving such procedures and gaps. Highlighted were the need for access to proper
legal assistance, shared burden of proof, special attention for people with ‘unknown’ or
‘undetermined’ nationalities, access to legal residence and, eventually, naturalization.
It was, however, also indicated that confirmation of nationality may be appropriate
where people had been resident in the territory for a long time and had previously
been treated as a national.606 There was attention for deprivation of nationality and
the need for further guidance on the proportionality test that is to be applied in this
context was considered important. With regard to preventing childhood statelessness
and ensuring child-friendly procedures, there was attention for specific groups of
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606
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Translated from the contribution of Christophe Poirel during the High-Level Panel ‘Eradicating
Statelessness In Europe: Progress, Challenges and Opportunities’ of the 2021 Conference Statelessness
and the Right to a Nationality in Europe: Progress, Challenges and Opportunities (Strasbourg,
24 September 2021).
CDCJ, ‘Statelessness: Analysis of the Current Practices and Challenges regarding the Avoidance and
Reduction of Statelessness in Europe prepared by Prof. Dr. Gerard-René de Groot’ (2019) CDCJ-GTAPA(2019)3 <https://rm.coe.int/analysis-statelessness-/1680990cc5> accessed 27 May 2021.
CDCJ, ‘94th Meeting of the European Committee on Legal Co-operation, Strasbourg, 13–15 November
2019 – Meeting Report’ (2019) CDCJ(2019)10, para 9 <https://rm.coe.int/cdcj-2019–10e-meetingreport-cdcj-94/1680a1bf82> accessed 27 May 2021.
UNHCR & CoE, ‘Identifying and Protecting Stateless Persons in Europe – Technical Meeting
of Experts Issue Paper’ (2021) <https://rm.coe.int/briefing-paper-session-1-with-coverpage-enunhcr/1680a3e6a5> accessed 27 September 2021; UNHCR & CoE, ‘Realising the Right of Every Child
to a Nationality in Europe – Technical Meeting of Experts Issue Paper’ (2021) <https://rm.coe.int/
session-2-thematic-paper-coverpage-en-fi nal/1680a3e6a1> accessed 27 September 2021.
Summarized from the contribution of Professor Gerard- René de Groot during the High-Level Panel
‘Eradicating Statelessness in Europe: Progress, Challenges and Opportunities’ of the 2021 Conference
Statelessness and the Right to a Nationality in Europe: Progress, Challenges and Opportunities
(Strasbourg, 24 September 2021), who reported back on practical challenges and recommended
actions as a result of the technical meeting of experts of 23 September 2021.
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