56 Bittoni Furthermore, stateless people enjoy several rights as resident workers in the territory of Member States (e.g. rights related to social security).19 The definition of statelessness used in the Regulation on the coordination of social security systems is the one that is applied in the 1954 Convention.20 Nevertheless, referring to the rules concerning the right to travel within the EU, the statelessness definition seems to be wider. In fact, according to the Council Regulation No 1932/2006, amending Regulation No 539/2001, ‘(…) recognized refugees and stateless persons and other persons who do not hold the nationality of any country who reside in a Member State and are holders of a travel document issued by that Member State shell be exempt from the visa requirement’.21 As stressed by Tamás Molnár, ‘this is the first time in EU legislation where a larger personal scope (including eventually the de facto stateless as well) applies than that defined in the 1954 New York Convention’.22 In absence of a EU regulation regarding statelessness, only a few EU Member States have a specific legislation on the statelessness determination procedure.23 Moreover, their procedures differ from each other regarding, for example, the authority in charge of the statelessness determination (asylum authority, immigration authority or civil courts).24 It is to note that, also among 19 20 21 22 23 24 persons who otherwise need international protection and the content of the protection granted [2004] OJ L304/12. See also Council Directive 2001/55/EC of 20 July 2011 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof [2001] OJ L122/12. Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems [2004] OJ L166/1. The Art. 1, lit (h) of the Regulation (EC) 883/2004 provides “‘stateless person’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954”. Council Regulation (EC) 1932/2006 of 21 December 2006 amending Regulation (EC) 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement [2006] OJ L405/23, Art. 1 lit (b). Tamás Molnár ‘Remembering the Forgotten: Legal Status of Stateless Persons under International Law and EU Law’ in Cristina Gortázar (ed), European Migration and Asylum Policies: Coherence or Contradiction? (Bruylant 2012) 149. See UNHCR, ‘Statelessness Determination Procedures and the Status of Stateless Persons’ (n 3). Regarding the United Kingdom, a statelessness determination procedure came into effect on 6 April 2013. Gábor Gyulai ‘Statelessness in the EU Framework for International Protection’ (2012) 14 European Journal of Migration and Law 287. tilburg law review 19 (2014) 52-63

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