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Statelessness in the European Union

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Statelessness in the European Union

Rechten: Alle rechten voorbehouden

Samenvatting

The purpose of this research is to document research conducted on the topic of statelessness in the
European Union. The main question of this research is: How can the European Union succeed in eliminating statelessness in the European Union member states? In order to answer this question, different research methods were chosen. Secondary information was used to substantiate the primary information. The primary information was carried out in the form of interviews. The research showed that statelessness is present in both old and new EU countries. Causes for statelessness are state succession, discrimination, arbitrary deprivation, and the jus soli and jus sanguinis principle. Both the UN and the CoE have international instruments that are designed to protect the stateless, and prevent and reduce statelessness. However, the EU itself has no mechanisms to eliminate statelessness. This led to the conclusion that the best solution for
statelessness would be if the European Union would establish a framework on statelessness, which would harmonize legislation on statelessness in the EU countries. However, this is not possible, because the EU does not have direct competence in nationality law. The European Union does have a lot of competence in the migration field, and could set out minimum standards through here. Furthermore, the EU Member States should incorporate a form of the jus soli principle in their nationality laws. Besides this, the EU can use EU conditionality before a country becomes a member of the EU. Lastly, the identification of statelessness is essential in order to reduce and prevent statelessness. It is recommended that the EU should encourage its member states to incorporate a statelessness identification procedure in their nationality laws. Furthermore, the EU should create a common understanding and set out minimum standards through the migration area.
Finally, the EU should encourage the member states to ratify both the UN Conventions and
implement their rules.

Toon meer
OrganisatieDe Haagse Hogeschool
AfdelingMO Europese Studies / European Studies
Jaar2016
TypeBachelor
TaalEngels

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