58 Bittoni commented on this recent adoption of the UK statelessness determination procedure and pointed out that ‘[t]he new procedure is not intended for undocumented migrants per se, including those sometimes labeled ‘de facto’ stateless persons and for whom there is no universally accepted definition under international law’.33 4 A Controversial Case of Statelessness: Cuban Migrants Differences on the recognition of statelessness within the Member States of the EU lead to practical difficulties. The analysis of a concrete and current example of statelessness within the EU shows these difficulties. The situation of Cuban migrants who stay abroad for more than 11 months is a good illustration of the use of a wide concept of statelessness. Until January 2013, the Cuban law on migration only granted Cuban nationals permission to leave the country if they possessed a passport and an exitpermit issued by the national authorities.34 This permit was valid for 11 months.35 Those Cubans who did not go back to Cuba within this timeframe were considered emigrados and they needed a special authorization (permiso de entrada) to return to Cuba. This permission had to be granted by the Cuban authorities in the country of residence.36 Italian judges, while ruling in procedures for statelessness determination concerning Cuba migrants, focused on the drawbacks related to the authorization to return to Cuba.37 Firstly, this authorization was only allowed when the 33 34 35 36 37 Asylum Aid, ‘Asylum Aid Briefing Note on the Introduction of a UK Stateless Determination Procedure effective from 6 April 2013’ (2013) <http://www.asylumaid.org.uk/data/files/ publications/214/STATELESSNESS_BRIEF.pdf>, accessed 27 September 2013. Former Art. 1, Law No 1312 of 20 September 1976, Law on Migration (Ley No. 1312 de 20 de septiembre de 1976, Ley de Migración). Former chapter III, Decree No 26 of 31 July 1976, Regulation of the Law on Migration (Decreto No. 26 de 31 de julio de 1976, Reglamento de la Ley de Migración). In January 2013 a new legislation entered into force. The exit-permit to leave Cuba is no longer required and the permission to stay outside the country is extended to 24 months. The impact of this legislation will be examined later in this paragraph. Former chapter II, Decree No 26 of 31 July 1976, Regulation of the Law on Migration, (Decreto No. 26 de 31 de julio de 1976, Reglamento de la “Ley de Migración”). Former Art. 1, Law No 989 of 5 December 1961, (Ley No. 989 de 5 de diciembre de 1961). See, for instance, Tribunale di Lecce, decision of 5 March 2010, Tribunale di Brindisi, judgment of 15 July 2009, Tribunale di Milano, judgment n. 4324 of 31 March 2009, <http:// dejure.giuffre.it.> accessed 16 May 2013. tilburg law review 19 (2014) 52-63