Update on Statelessness Litigation
in Europe
This section includes relevant European case law on
statelessness and nationality from regional and domestic
courts. For more details about these judgments and to
browse over 300 other cases, visit our Statelessness Case
Law Database.
Regional Courts
Landmark CJEU judgment on Palestinian refugees' access to protection
CJEU – Case C-563/22, Zamestnik-predsedatel na Darzhavna agentsia za
bezhantsite (13 June 2024)
The Court of Justice of the European Union (CJEU) delivered its judgment in a case
involving a stateless Palestinian child and her family, registered with UNRWA, who left
the Gaza strip to seek protection Bulgaria. Their applications for international
protection were rejected on the grounds that they had not proven that they had left
the Gaza Strip for fear of persecution and that hostilities in the area did not rise to the
level of armed conflict and indiscriminate violence. The CJEU held that UNRWA’s
protection or assistance must be considered to have ceased when (1) UNRWA finds
itself unable, for whatever reason, to ensure dignified living conditions and (2) the
applicant finds themselves in a state of serious insecurity if returned to that area,
taking into account where applicable their vulnerability. The Court noted that both the
living conditions in the Gaza Strip and UNRWA's ability to carry out its mission have
suffered an unprecedented deterioration due to the aftermath of the events of 7
October 2023. Read the full judgment and a news piece from Foundation for Access to
Rights (FAR), who are representing the family.
EU states not required to regularise third-country nationals unlawfully present
CJEU - Case C-352/23, LF v. Zamestnik-predsedatel na Darzhavna agentsia za
bezhantsite (12 September 2024)
The CJEU held that Member States are not required to grant, on compelling
humanitarian grounds, a right to stay to third-country nationals who currently reside
unlawfully in its territory, irrespective of the duration of their stay in that Member
State. The case concerned a third-country national who has resided in Bulgaria since
1996 and been denied requests for international protection on several occasions, and
whose removal was impossible. The Court found that the Charter of Fundamental
Rights of the European Union cannot require the regularisation of stay, as this would
extend the scope of EU law. The Court also held that, for as long as the individual has
the status of applicant for international protection, they may rely on the rights
enshrined in the Receptions Conditions Directive (2013/33/EU). While this case does
not concern a stateless person, the Court’s findings are relevant to stateless persons
irregularly present within an EU Member State, who face a high risk of not being able
to return to a country of origin or previous residence because they are not nationals.
Foundation for Access to Rights (FAR) provided legal assistance in this case. Read the
full judgment.
National Courts