FN11) On the interpretation of this concept see: UN Human Rights Committee (HRC), 2 November 1999, CCPR General Comment No. 27: Article 12 (Freedom of Movement), CCPR/C/21/Rev.1/Add.9, para. 20.
FN22) UN High Commissioner for Refugees, December 2010, Expert Meeting – Statelessness Determination Procedures and the Status of Stateless Persons (Summary Conclusions), para. 24.
FN33) Russians had been settling in the Baltic region for centuries, and the Russian population of Latvia and Estonia multiplied during the communist era.
FN44) Federal Statistical Office of Germany (March 2011) (rectified on 4 April 2011), Bevölkerung und Erwerbstätigkeit – Ausländische Bevölkerung, Ergebnisse des Ausländerzentralregisters, pp. 28–29, 32–33, 59 and 64–65.
FN55) Cyprus, Estonia, Malta, Poland and Portugal.
FN66) Cf. UN High Commissioner for Refugees (December 2010) Expert Meeting – Statelessness Determination Procedures and the Status of Stateless Persons (Summary Conclusions), paragraph 1.
FN77) Council of the European Union (October 1999), Presidency Conclusions, Tampere European Council, pp. 15–16.
FN88) See, for example: Gábor Gyulai and Tudor Roşu (July 2011) Structural Differences and Access to Country Information (COI) at European Courts Dealing with Asylum, Hungarian Helsinki Committee, Chapter II; European Migration Network (December 2010) The different national practices concerning granting of non-EU harmonised protection statuses.
FN99) See, for example: European Council on Refugees and Exiles (October 2008) The Impact of the EU Qualification Directive on International Protection; UN High Commissioner for Refugees (27 July 2011) Safe at Last? Law and Practice in Selected EU Member States with Respect to Asylum-Seekers Fleeing Indiscriminate Violence; UN High Commissioner for Refugees, (November 2007), Asylum in the European Union. A Study of the Implementation of the Qualification Directive.
FN1010) M.S.S. v. Belgium and Greece, Application no. 30696/09, European Court of Human Rights (21 January 2011).
FN1111) Based on Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (‘Qualification Directive’) and Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (‘Procedures Directive’).
FN1212) Based on Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a Balance of efforts between Member States in receiving such persons and bearing the consequences thereof. Note that by the time of writing, the EU temporary protection regime has not been applied in practice.
FN1313) European Migration Network (December 2010) The different national practices concerning granting of non-EU harmonised protection statuses.
FN1414) Cf. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities.
FN1515) The 1954 Convention relating to the Status of Stateless Persons and the 1989 Convention on the Rights of the Child, respectively. Note that Article 10 of the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (‘Return Directive’) may further indicate the necessity of a protection status for unaccompanied minors.
FN1616) Treaty on the Functioning of the European Union, Articles 77–79.
FN1717) Tamás Molnár (2010) ‘Stateless Persons under International Law and EU Law: a Comparative Analysis Concerning their Legal Status, with Particular Attention to the Added Value of the EU Legal Order’, 51 Acta Juridica Hungarica, pp. 293–304 at 304.
FN1818) Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, 13 December 2007.
FN1919) See the relevant provision as amended by the Lisbon Treaty in the Treaty on the Functioning of the European Union, Article 67(2).
FN2020) European Parliament resolution of 14 January 2009 on the situation of fundamental rights in the European Union 2004–2008 (2007/2145(INI)).
FN2121) Qualification Directive, Articles 2(c) and 2(e), 13 and 18.
FN2222) UN High Commissioner for Refugees (29 March 2011) Asylum Levels and Trends in Industrialised Countries 2010, UNHCR, p. 19.
FN2323) Among the 1800 first-instance decision passed in 2010, 580 were positive. 340 of them were recognised as refugees, 135 applicants were granted subsidiary protection, while 105 of them received another (non-EU-harmonised) protection status (rounded figures). Source: Anthony Albertinelli (May 2011) Asylum applicants and first instance decisions on asylum applications in 2010, Eurostat.
FN2424) Article 12(1)(a) of the Qualification Directive is the parallel provision in EU law.
FN2525) BADIL Resource Centre for Palestinian Residency and Refugee Rights (2005) Closing Protection Gaps – Handbook on Protection of Palestinian Refugees in States Signatory to the 1951 Refugee Convention; BADIL Resource Centre for Palestinian Residency and Refugee Rights (2010) Closing Protection Gaps – Handbook on Protection of Palestinian Refugees in States Signatory to the 1951 Refugee Convention, Jurisprudence Regarding Article 1D 2005–2010, revised second edition.
FN2626) Nawras Bolbol v. Bevándorlási és Állampolgársági Hivatal, C-31/09, European Court of Justice, 17 June 2010. Ms Bolbol was represented by Gábor Győző, staff attorney at the Hungarian Helsinki Committee.
FN2727) Referring to the parallel provision of the Qualification Directive.
FN2828) Arguing that based on the answer given to first question, Ms Bolbol does not qualify for the application of Article 1D, therefore the other two questions need not to be answered.
FN2929) Abed El Karem El Kott and Others v. Bevándorlási és Állampolgársági Hivatal, C-364/11, Court of Justice of the European Union, case in progress.
FN3030) For example, the number of applicants in 2011 was only in 74 Spain and 28 in Hungary.
FN3131) Spain: 2001; Latvia: 2004; Hungary: 2007; Slovakia: 2011.
FN3232) See for state pledges http://www.unhcr.org/pages/4d22fd496.html.
FN3333) For more information on the network, visit: http://www.statelessness.eu.
FN3434) See above, note 13, p. 3.
FN3535) For example, a stateless person can obtain protection in a Spanish or Hungarian statelessness determination procedure within a few months, while in Germany the same person would have wait for at least eighteen months, and demonstrate that at no fault of hers/his, deportation could not take place throughout this period, in order to obtain a legal status and a residence permit.
FN3636) This assessment is also reflected by the fact that – according to the author’s experience – countries wishing to establish their own protection framework usually focus on the observation of these three national models.
FN3737) It is interesting to note that in asylum cases (also decided by the OFPRA) a specialised body, the National Asylum Court (Cour Nationale du Droit d’Asile, CNDA) is in charge of the judicial review, and in addition to quashing administrative decisions, it is entitled to grant protection as well.
FN3838) Source of statistical data: OFPRA.
FN3939) While asylum claims can be submitted at local préfectures, as well.
FN4040) Royal Decree No. 865/2001 of 20 July approving the Regulation for the Recognition of the Status of Stateless Persons (Real Decreto No 865/2001, de 20 de julio, por el que se aprueba el Reglamento de Reconocimiento del Estatuto de Apátrida).
FN4141) Sources of statistical data: OAR, UNHCR.
FN4242) Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals (2007. évi II. törvény a harmadik országbeli állampolgárok beutazásáról és tartózkodásáról ), Chapter VIII; Government Decree 114/2007. (V. 24.) on the execution of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals (170/2001. (IX. 26.) Korm. rendelet a külföldiek beutazásáról és tartózkodásáról szóló 2001. évi XXXIX. törvény végrehajtásáról ), Chapter VIII.
FN4343) Before 1 January 2012: Fővárosi Bíróság.
FN4444) Before 1 January 2012: Legfelsőbb Bíróság.
FN4545) The lack of a valid identity and/or travel document is a common phenomenon of statelessness; expecting stateless persons to obtain a legal status before being recognised as such is as absurd as, for example, requiring refugees to demonstrate that they have decent livelihood, accommodation and health insurance in the host country prior to and as a condition of granting them protection.
FN4646) For a more detailed analysis of the Hungarian protection mechanism see: Gábor Gyulai (December 2010) Statelessness in Hungary: The Protection of Stateless Persons and the Prevention and Reduction of Statelessness, Hungarian Helsinki Committee.
FN4747) The UNHCR, the European Council on Refugees and Exiles (ECRE) and academic literature have repeatedly reported about this so-called ‘race to the bottom’ phenomenon in recent years.