Statelessness in the European Union
stateless person is able to overcome the abovementioned obstacles to engaging in
meaningful employment, their lack of a nationality could leave them vulnerable to
exploitation and discrimination. For example, they may be denied access to social
security, such as pension entitlements and other forms of state support, leaving
them in an uncertain situation when they leave their jobs. 74 Having been granted
EU citizenship, these issues would effectively be resolved, as the treaties and
secondary legislation prohibit any discrimination on the basis of nationality (or the
lack thereof in this case), with regard to access to employment, remuneration, and
so forth. 75 It would further allow the stateless to claim benefits on equal terms as
nationals of the Member State, which provides a form of protection if the
employment relationship ceases to exist.
Discriminatory treatment of stateless persons has consequences that are
additional to preventing access to basic services and rights. They may be viewed
and treated as ‘outsiders’ or ‘others’, which, in the instances where historically
disadvantaged minority groups are the victims of statelessness, is capable of
institutionalising discrimination. 76 The lack of nationality and citizenship is, as
such, capable of affecting a person’s sense of belonging within a community and
can generate identity issues. 77 The provision of EU citizenship has the potential of
increasing the feeling of belonging to a community and contribute to resolving
identity issues deriving from the lack of a nationality, due to the identity dimension
of citizenship.
The implications of granting EU citizenship to stateless persons extend beyond
the mitigation of the abovementioned rights-related challenges and other
hardships, as it has the potential of indirectly facilitating the acquisition of
nationality through regular naturalisation procedures. For example, a period of
legal residence is generally among the requirements for acquisition of nationality
through naturalisation. 78 On the basis of being granted EU citizenship status,
stateless persons would be able to legally reside within the EU for up to three
months without any additional requirements. 79 The length of this legal residence
can be extended to five years if a person engages in economic activity or intends
do so, which may eventually result in the acquisition of a permanent residence
permit. The ability to legally reside would thus simplify meeting this requirement
for naturalisation.
74
75
76
77
78
79
Laura van Waas, Addressing the Human Rights Impact of Statelessness in the EU's External
Action
(Report,
European
Parliament
2014)
<http://www.europarl.europa.eu/RegData/etudes/STUD/2014/534983/IPOL_STU%282014
%29534983_EN.pdf>.
TFEU (n 6) art 45(2); Free Movement Directive (n 57) art 7.
Institute on Statelessness and Inclusion (n 31).
Zelda van der Velde and Rianne Letschert, ‘Collective Victimisation of Stateless Peoples:
The Added Value of the Victim Label’ (2014) 19(1–2) Tilburg Law Review 285; Kristy
Belton, ‘Rooted Displacement: The Paradox of Belonging among Stateless People’ (2015)
19(8) Citizenship Studies 907.
See Part II, on the discussion of various ways of nationality acquisition.
It must be noted that the presence of an interstate element — that is, movement across Member
State borders — constituted a prerequisite for the enjoyment of these rights under EU law. As
such, in situations confined to a single Member States, EU citizens would thus not be able to
rely on EU law to claim their rights. In the case Gerardo Ruiz Zambrano v Office National de
l'Emploi (ONEm), however, the Court ruled that EU citizens could rely on TFEU (n 6) art 20
to claim their rights, even if no cross-border element was present: Gerardo Ruiz Zambrano v
Office National de l'Emploi (ONEm) (Case C-34/09) [2011] ECR I-01177. The lack of
interstate movement therefore does not necessarily pose an obstacle to the enjoyment of
citizens’ rights such as the right of residence.
37