Statelessness In The European Union 55 It is interesting to notice that another conclusion of the Expert Meeting at which the concept of stateless persons was discussed is that ‘persons who are unable to return to the country of their nationality will (…) always be de facto stateless even if they are otherwise able in part or in full to avail themselves of protection of their country of nationality while in the host country’.13 De facto statelessness related to the impossibility to return to the country of nationality is a topical and complex issue within the EU also because not all EU Member States recognize the stateless status to these persons.14 Moreover, the de facto stateless persons are not covered by any international treaties and the 2 United Nations Conventions on statelessness only apply to de jure stateless persons.15 However, Article 1 of the Final Act of the 1954 Convention refers implicitly to de facto stateless people (in particular, to persons who have, for valid reasons, renounced the protection of the State of which they are a national). The Final Act, which is not binding,16 recommends States to extend the protection offered by the Convention also to de facto stateless persons. On the other hand, the Final Act of the 1961 Convention explicitly refers to de facto stateless persons and recommends that States treat the de facto stateless as de jure stateless, in order to enable them to acquire an effective nationality.17 3 The Recognition of Statelessness within the EU Within the Framework of the EU, a specific regulation about statelessness does not exist. Stateless people, however, can fall under secondary EU legislation. This is the case, for instance, when they are simultaneously an asylum seeker or a person who is for other reasons in need of international protection.18 13 14 15 16 17 18 no legal significance. Moreover, ongoing disagreement on the scope of the term “statelessness” can have a highly disruptive impact on the implementation of the relevant international standards’. For a broad approach of the de facto statelessness, see: Brad K. Blitz and Caroline Sawyer (eds), Statelessness in the European Union, Displaced, Undocumented, Unwanted, (Cambridge University Press 2011). UNHCR, ‘Expert Meeting - The Concept of Stateless Persons under International Law’ (n 10). See para 3. UNHCR, ‘Expert Meeting - The Concept of Stateless Persons under International Law’ (n 10). UNHCR, ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person’ (n 12). Convention on the Reduction of Statelessness, Final Act. See, Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugee or as tilburg law review 19 (2014) 52-63