Download this Paper Open PDF in Browser

Statelessness Determination in the Netherlands

Amsterdam Law School Research Paper No. 2014-33

Amsterdam Centre for European Law and Governance Research Paper No. 2014-04

37 Pages Posted: 10 May 2014 Last revised: 6 Oct 2014

Katja Swider

University of Amsterdam - Amsterdam Centre for European Law and Governance; University of Amsterdam

Date Written: May 8, 2014

Abstract

The Netherlands lacks an adequate mechanism for the identification of stateless persons, and is therefore not complying with its international obligations in the field of statelessness. Contrary to the position of the Dutch government, the existing procedures that stateless persons can appeal to are not in conformity with the relevant international standards. This paper contains a detailed analysis of the two procedures which have been invoked by the Dutch government in defence of the current statelessness protection and identification regime in the Netherlands, namely the registration of individuals in population registers, and the procedure for obtaining the so-called ‘no-fault’ residence permit. It illustrates that neither of the two are effective alternatives for statelessness determination. In addition, recent legislative changes that might affect the registration of statelessness in the Netherlands are discussed, and a proposal put forward by the UNHCR for a determination procedure in courts is evaluated.

Keywords: nationality, citizenship, statelessness, migration, determination procedures, identification, the netherlands, unhcr guidelines

JEL Classification: K23, K39, K49

Suggested Citation

Swider, Katja, Statelessness Determination in the Netherlands (May 8, 2014). Amsterdam Law School Research Paper No. 2014-33; Amsterdam Centre for European Law and Governance Research Paper No. 2014-04. Available at SSRN: https://ssrn.com/abstract=2434573 or http://dx.doi.org/10.2139/ssrn.2434573

Katja Swider (Contact Author)

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

Paper statistics

Downloads
191
Rank
132,907
Abstract Views
961