Statelessness Working Paper Series 2016/03
to refer to the EU Charter of Fundamental Rights, there are positive prospects for the protection of
individual human rights, and this would probably involve statelessness issues.38
Interestingly, the European Commission has already considered such future developments and funds
research projects on EU citizenship. The Rights, Equality and Citizenship Programme 2014-2020 aims
at promoting non-discrimination and the rights deriving from Union citizenship.39 Another example is
the Involuntary Loss of European Citizenship (ILEC) project that researches the effects of the increasing
judicialisation of the grounds of loss of Union citizenship over national legal systems.40 In 2013, the
European Economic and Social Committee (EESC) released an opinion calling for the extension of EU
citizenship to long-term residents as a way to facilitate integration of immigrants and refugees in the
EU. This would concern the third-country nationals in Europe, but also the EU’s stateless residents who
continue to be excluded from both the rights attached to nationality as well as those enjoyed by EU
citizens.41
However, if the concept of EU citizenship seems to develop along the path of increasing guarantees
for EU citizens, it is not always the case in practice. In recent years, France, Italy and other EU member
states discriminatorily expelled Roma from their national territories, including Romanian and Bulgarian
individuals who were therefore EU citizens. 42 As Claude Cahn notes “[a]pparently, the nascent EU
citizenship is still weak, and citizenship of Roma is shown to be of a lesser status than that of other
Europeans”.43 Once again, policies to reduce Romani statelessness as well as other Roma’s hardship
will not have any results if they are not accompanied by strong actions and willingness to combat
discrimination.
4. Various proposals to solve the issue of Romani Statelessness within the EU
Jessica Parra presents the idea of allowing individuals to become EU citizens with or without a MS
nationality, somewhat similarly to the claims for a stateless Romani nation. Thus, stateless persons
could bypass the obstacles to acquiring MS citizenship and accede directly EU citizenship and the
benefits attached to it. 44 Yet, as seen supra, EU Citizenship “shall be additional to national citizenship
and shall not replace it.” In fact, such a radical measure would constitute more than a simple EU law
reform, it would probably transform the whole functioning of EU institutions. Transferring all
citizenship prerogatives to the EU supranational level would also imply changing the entire framework,
which could go as far as adopting a Constitution and transforming the Union into one European Federal
State.45 One can never know if this will occur in the future, but taking into account the European crisis
context it is rather unlikely to happen within the next decade.
38
See for example CJEU joined cases C-411/10 and C-493/10, N. S. v Secretary of State for the Home Department and M. E.
and Others v Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform, 21 December 2011
39 See the Rights, Equality and Citizenship Programme’s website
<http://ec.europa.eu/justice/grants1/programmes-2014-2020/rec/index_en.htm> accessed 1st March 2016
40 See ILEC website <www.ilecproject.eu/The%20Project> accessed 1 st March 2016
41 See the European Network on Statelessness at <www.statelessness.eu/blog/eu-citizenship-statelesspeople#sthash.UZKiFi3E.dpuf> accessed 1st March 2016
42 See notably Owen Parker, ‘Roma and the Politics of EU Citizenship in France: Everyday Security and Resistance’, in Journal
of Common Market Studies, Volume 50, Issue 3, May 2012, pp 475–491
43 Claude Cahn, ‘Minorities, Citizenship and Statelessness in Europe’, European Journal of Migration and Law, 14, 2012,
pp314-316
44 Jessica Parra, ‘Stateless Roma in the European Union: Reconciling the Doctrine of Sovereignty Concerning Nationality
Laws with International Agreements to Reduce and Avoid Statelessness’, in Fordham International Law Journal, Volume 34,
Issue 6, 2011, pp1685-1687
45 See the National Platform EU Research and Information Centre’s paper ‘What the EU Constitution does – A 14-point
critical summary’, Dublin, March 2005
<www.europarl.europa.eu/inddem/docs/papers/14%20point%20summary.pdf> accessed 1st March 2016
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