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proposed as one of the measures to reduce statelessness. Yet, there are still no
clear and comprehensive guidelines explaining what actually amounts to facilitated naturalization and what the States should do to comply with this
obligation.
This article will therefore try to identify international and European
standards for facilitated access to citizenship and to outline some recom
mendations which could help to eliminate ‘unreasonable impediments’3 to
naturalization for such a particular group of applicants as are the stateless
persons. We will focus in particular on the assessment of material requirements and procedural aspects of naturalization. In this light, some standards
on facilitated naturalization may be extracted. These will be discussed below.
2
Material Requirements
2.1
Residence
A very concrete standard relating to naturalization is provided by the 1997
European Convention on Nationality, which determines that States may not
demand more than ten years of lawful residence as a pre-condition to naturalization.2 Recommendation 564 (1969) of the Consultative Assembly of the
Council of Europe interpreting the facilitated naturalization of refugees
instructs to reduce the minimum period of residence if it exceeds five years.
Per analogiam this interpretation may be used also for the purposes of facilitated naturalization of stateless persons.
Nationality (adopted 6 November 1997, entered into force 1 March 2000) ETS 166, Art. 6 (4)
(g) <http://www.refworld.org/docid/3ae6b36618.html> accessed 14 October 2013;
Explanatory report to the European Convention on Nationality, ETS 166, para. 52 <http://
conventions.coe.int/Treaty/EN/Reports/Html/166.htm> accessed 14 October 2013; Recom
mendation No. R (99) 18 of the Committee of Ministers to Member States on the Avoidance
and Reduction of Statelessness (adopted on 15 September 1999) No. R (99) 18 <http://
www.refworld.org/docid/510101e02.html> accessed 14 October 2013 and per analogiam
Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force
22 April 1954) 189 UNTS 137 (Refugee Convention) <http://www.refworld.org/docid/
3be01b964.html> accessed 14 October 2013 and Recommendation 564 (1969) on the
Acquisition by Refugees of the Nationality of Their Country of Residence (adopted 30
September 1969) 564 (1969), para. 9(i)(b) <http://www.refworld.org/docid/3ae6b38178.
html> accessed 14 October 2013.
2 European Convention on Nationality, Art 6(3) as cited by Laura van Waas, Nationality
Matters: Statelessness Under International Law (Intersentia 2008) 367.
tilburg law review 19 (2014) 203-211