3.
STATELESSNESS DETERMINATION AND PROTECTION IN EUROPE
Only ten countries in the Statelessness Index have established dedicated procedures
to identify and determine statelessness (SDPs), which lead to a statelessness status.24
France, Hungary, Latvia, and Moldova are among the countries assessed most
positively on this theme in the Statelessness Index. Bulgaria, Italy, Spain, Ukraine,
and the United Kingdom also have SDPs leading to a statelessness status but are
assessed less positively due to shortcomings in their procedures. For example, in
Bulgaria, the protection afforded to recognised stateless people is significantly lower
than the standard established by the 1954 Convention. Spain’s SDP is established by
Royal Decree, but procedural rules are not set out in law. Ukraine introduced an SDP
in June 2020, and the bylaws required to operationalise the procedure were adopted in
April 2021. The United Kingdom bars some stateless people from statelessness status
due to exclusion criteria that go beyond those permitted by the 1954 Convention. In
Italy, although there is an administrative and a judicial procedure, the parameters
for determining statelessness are not clearly established in law. Switzerland has an
administrative procedure to determine statelessness, but it is not formalised in law.
In Belgium the family courts can determine statelessness, but procedural safeguards
are lacking, and determination does not lead to a residence permit nor 1954
Convention rights, so this cannot be considered an SDP. In Albania and Serbia, there
is a statelessness status in law but no procedure to determine this. Almost all other
countries in the Statelessness Index have mechanisms through which some stateless
people may be able to have their statelessness identified ad hoc or access a residence
permit and some rights, for example through immigration, international protection,
humanitarian, or nationality related procedures. However, their purpose is not to
determine statelessness, resulting in significant protection gaps that are further
explored in Section 3.3. In Portugal, some stateless people may be able to regularise
their stay on the territory in specific scenarios, but not on the basis of statelessness.