Why Union Law Can and Should Protect Stateless Persons

Amsterdam Centre for European Law and Governance Research Paper No. 2016-03

Amsterdam Center for International Law No. 2016-14

Amsterdam Law School Research Paper No. 2016-32

30 Pages Posted: 22 Aug 2016

See all articles by Maarten den Heijer

Maarten den Heijer

University of Amsterdam, Amsterdam Center for International Law

Katja Swider

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

Date Written: August 15, 2016

Abstract

This contribution argues that the European Union can and should establish a legal framework for the identification and protection of stateless persons who reside in one of the Member States. Our proposal for EU legislative action is based on the observation that the post-war international legal framework for protecting stateless persons has failed to take root in a majority of EU Member States. This contribution analyses the potential of the EU to address protection failures stemming from legislative inactivity of Member States. We argue that the EU is competent to address the issue and that EU action need not conflict with Member States’ prerogatives in nationality matters. The key elements of an EU directive on statelessness would consist of common criteria for i) a fair procedure for determining whether a person is stateless; ii) the standard of treatment to be accorded to stateless persons; and iii) the conditions of residence for stateless persons.

Keywords: international law, EU law, statelessness, immigration law, common immigration policy, EU protection mechanism

JEL Classification: K33

Suggested Citation

den Heijer, Maarten and Swider, Katja, Why Union Law Can and Should Protect Stateless Persons (August 15, 2016). Amsterdam Centre for European Law and Governance Research Paper No. 2016-03; Amsterdam Center for International Law No. 2016-14; Amsterdam Law School Research Paper No. 2016-32. Available at SSRN: https://ssrn.com/abstract=2823627 or http://dx.doi.org/10.2139/ssrn.2823627

Maarten Den Heijer (Contact Author)

University of Amsterdam, Amsterdam Center for International Law ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/m.denheijer/

Katja Swider

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

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