Acquis or not acquis: statelessness in the context of forced migration

Abstract

In all the complexity of issues arising in the context of forced migration, statelessness remains a hidden phenomenon. Yet, this violation of the human right to a nationality should be equally understood as a consequence of, or a catalyst for conflicts, crises and forced displacement.
Despite unresolved endemic statelessness in certain EU member states, most of the legislation provides safeguards related to prevention; thus, it should not be possible to be born stateless in the ‘area of freedom, security and justice’. The external cases not covered by prevention mechanisms are more complex, especially when they complicate asylum procedures and throw a shadow on what might come after: from family reunification to potential return. The question arises is to what extent the EU can address statelessness in the context of forced migration. The answer might concern various aspects on governing through uncertainty arising from ambiguity related to competences of the EU in the question to uncertain status of persons concerned.
Within the framework of the notion of de jure statelessness, and comparing the four EU national systems, the paper would aim to identify the policy (in)coherence between the EU and Member States and the policy gaps in addressing statelessness, in particular arising within the context of forced migration. Departing from the ambitious UNHCR’s intent to bring an end to statelessness by 2024, the paper would aim to explain the necessity of the ‘right to have rights’ in the area of free movement and would focus on what can be done by the EU to show its welcoming of the UNHCR campaign on the policy level.