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Full Access Statelessness in the European Union

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Statelessness in the European Union

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The Case of Cuban Migrants

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Statelessness affects 12 million people around the world, including within the European Union. On the international level, the 1954 United Nations Convention relating to the Status of Stateless Persons and the 1961 United Nations Convention on the Reduction of Statelessness only apply to those who are de jure stateless persons. Within the framework of the European Union no specific regulation on statelessness exists. Consequently, the way on which statelessness is recognized differs between the EU Member States. This article examines the situation of Cuban migrants that stay abroad for more than 11 months (Cuban emigrados). The analysis of the Italian case-law shows that the majority of Italian judges recognize stateless status to Cuban emigrados. By illustrating the ‘Cuban case’, this article focuses on a concrete and current example of statelessness within the EU. It stresses the consequences of the lack of uniform recognition of statelessness within the EU Member States.

Affiliations: 1: PhD student, University of Burgundy (France) and University of Bologna, (Italy), Expert on Human Rights, Legislative Assembly of the Emilia-Romagna Region (Italy), giulia.bittoni@gmail.com

10.1163/22112596-01902006
/content/journals/10.1163/22112596-01902006
dcterms_title,pub_keyword,dcterms_description,pub_author
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Statelessness affects 12 million people around the world, including within the European Union. On the international level, the 1954 United Nations Convention relating to the Status of Stateless Persons and the 1961 United Nations Convention on the Reduction of Statelessness only apply to those who are de jure stateless persons. Within the framework of the European Union no specific regulation on statelessness exists. Consequently, the way on which statelessness is recognized differs between the EU Member States. This article examines the situation of Cuban migrants that stay abroad for more than 11 months (Cuban emigrados). The analysis of the Italian case-law shows that the majority of Italian judges recognize stateless status to Cuban emigrados. By illustrating the ‘Cuban case’, this article focuses on a concrete and current example of statelessness within the EU. It stresses the consequences of the lack of uniform recognition of statelessness within the EU Member States.

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/content/journals/10.1163/22112596-01902006
2014-01-01
2017-11-25

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