122 Gábor Gyulai Based on research into state practice, the following five categories can be used to describe the protection environments and determination machineries that currently exist: 1. A statelessness-specific protection mechanism, based on clear procedural rules established in law (Spain, Hungary, Moldova, Georgia and the Philippines); 2. A statelessness-specific protection mechanism, without clear procedural rules established in law, but with a general ‘consensus’ on procedural modalities (France); 3. A statelessness-specific protection mechanism, without clear procedural rules established in law and with no general ‘consensus’ on procedural modalities (Italy); 4. A non-statelessness-specific protection mechanism, where for instance legal and/or practical obstacles to expulsion provide a ground for residence rights (Germany and Poland, for example); 5. Neither a statelessness-specific protection status, nor alternative (nonstatelessness-specific) protection is available (the apparent majority of states). At the time of writing, a positive shift towards categories 1 and 2 can be witnessed. For example, a recent judgment of the Italian Supreme Court of Appeal (Corte Suprema di Cassazione) put an end to a decades-long debate concerning the procedural modalities to be applied in judicial statelessness determination, clearly indicating that a centralized procedure be followed.20 Slovakia has adopted a legislative basis for a statelessness-specific protection regime, the procedural modalities of which will hopefully be elaborated and codified in due course.21 The same is expected in Mexico, where only a limited set of procedural rules exists in soft law (official guidance) at the time of writing.22 Two (unfortunately unsuccessful) bills have attempted to establish a statelessness-specific protection framework in the United States of America.23 Furthermore, a number of 20 21 22 23 Judgment no. 7614 of 4 April 2011 of the Supreme Court of Appeal – the actual consequences of this judgment are yet to be analysed at the time of writing. Act no. 404/2011 coll. on the stay of aliens and on the amendment of some other acts of 21 October 2011 (Zá kon 404/2011 Z. z. o pobyte cudzincov a o zmene a doplnení niektor ých zá konov), s. 46. Manual of Migration Criteria and Procedures of the National Institute of Migration, 29 January 2010 (Manual de Criterios y Trá mites Migratorios del Instituto Nacional de Migración, 29 de enero de 2010), s. L. Bill no. S.3113, 111th Congress, 2nd Session, s. 24; Bill no. S.1202, 112nd Congress, 1st Session, s. 17. 9781107032446c05_p116-143.indd 122 6/16/2014 3:12:01 PM

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