Chapter 1. Introduction
moving beyond the law.10 It does so by focusing on the region that constitutes the
cradle of modern conceptions of nationality: Europe. It sketches the background and
context, before providing a deeper analysis of legal norms that have been enacted at
a regional level to address statelessness, aiming to understand what is truly needed
to prevent and solve statelessness. In doing so, this research adds a statelessness
perspective to the broader discussions on nationality and citizenship, which
contributes to understanding these concepts.
1.1. R ESEARCH QUESTIONS AND APPROACH
In light of the above, this research explores and attempts to understand the legal and
political approaches that states have taken together, at the regional level – in Europe,
to address statelessness. In particular, this study considers the role that European law11
can play in preventing and solving statelessness in Europe. This means that this study
of statelessness is narrowed down in two ways: in the geographical sense, focusing on
Europe; and as regards the topic or aspects of statelessness that it concerns – preventing
and solving statelessness. The European context, as we will see, provides an interesting
and specific context to study nationality and statelessness questions, given its historical
development and its political and legal cooperation. The issue of statelessness is not new
to the continent and questions around protection of stateless people and statelessness
determination have been researched already. At the same time, there has – to date – not
been a comprehensive mapping of European legal instruments that address preventing
and solving statelessness, and thereby, nationality matters, through a statelessness lens.
This dissertation therefore also aims to make a contribution to better understanding
the concept of nationality, or citizenship, by examining what the current approaches to
preventing and solving statelessness in European law tell us about (the content of) the
current conception of nationality. Hence, the main research question of this project is
as follows:
How does European law contribute to preventing and solving statelessness in Europe and what
does this contribution add to the understanding of nationality today?
This research question defines this research’s approach, which is to first identify and
analyze how European laws address the prevention of and solutions to statelessness.
After having gained an understanding of Europe’s legal instruments for addressing
statelessness, which includes any good practices or new developments as well as gaps
in the legal framework, an examination of these norms, to better understand what
10
11
Please note that this research was completed 3 January 2022.
The notion of ‘European law’ in the context of this research is considered further in para 1.4.4 of this
chapter.
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