Statelessness in the European Union: The Case of Cuban Migrants

Abstract

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 e'migrado's). 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.

Keywords

• statelessness
• de facto
• recognition
• European Union
• Cuban migrants
• nationality