On the Protection of Stateless Persons in Germany

• Main Author: Katia Bianchini
• Format: Article
• Language: English
• Published: Ubiquity Press 2014-01-01
• Series: Tilburg Law Review
• Subjects: statelessness; 1954 Convention relating to the Status of Stateless Persons; protection of stateless persons in Germany
• Online Access: https://tilburglawreview.com/articles/53

This article analyses the legal framework for the protection of stateless persons in Germany. In particular, it explains the definition of a stateless person under German law, the availability of protection outside the context of asylum procedures, access to travel documents and naturalization. This work identifies the following major problems: gaps in the applicable laws, differences of treatment and implementation due to the decentralized system of adjudication, application of readmission agreements to stateless persons, restrictive naturalization requirements. As a consequence, stateless persons’ chances of obtaining protection and a long-term solution are reduced. It is argued that the adoption of specific determination procedures and recognition of stateless status as a protection ground at the Federal level are essential safeguards in this context and the German government should take additional steps in this regard.