Albania

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The legal and policy framework in Albania has some positive aspects and some important gaps. Positively, Albania is State Party to three of the four core statelessness conventions with no reservations, as well as all other relevant international instruments. Some data is available on the stateless and at-risk population from the 2023 census and a mapping study, but there is no ‘stateless’ category in asylum and immigration data, including in relation to detention.

There is a definition of a stateless person in Albanian law, but it is narrower than the 1954 Convention definition. The 2021 Law on Foreigners established a statelessness determination procedure, and an instruction to implement and regulate the procedure was published in June 2023. However, no information is available yet about practice. There are some positive elements to the procedure as set out in the instruction, but uncertainties and gaps also remain. For example, lawful residence is required to access the SDP and there is no clarity on the rights granted as a consequence of being determined to be stateless.

There is a facilitated route to naturalisation with a somewhat reduced residence period and exemptions from some of the standard requirements. Some limited safeguards protect against the arbitrary detention of stateless people, but there are barriers to effective remedies and legal aid, and people released from detention are not protected from re-detention.

The law ensures that children born stateless on the territory, foundlings, adopted children and most children born to nationals abroad acquire Albanian nationality. There have been measures to reduce the risk of statelessness and improve access to birth registration, but children still face difficulties if parents are undocumented or have irregularities in their documentation, and Romani and Egyptian communities are disproportionately impacted.

Same-sex marriages are not recognised and children of same-sex parents may not be able to have both parents listed on their birth certificates.

The original version of this country profile is the English version. In case of any discrepancies with the translated version, the English version should take primacy

Senast uppdaterad:

Jan 2025

Landsexpert(er):

Tirana Legal Aid Society

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Bedömningsnyckel

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+-Positiv och negativ

- Ganska negativ

--Negativ

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Normer och god praxis

Internationella och regionala instrument Beskrivning

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Albania is State party to three of the core statelessness conventions: 1954 Convention, 1961 Convention, and the European Convention on Nationality. It entered no reservations to these treaties, and all have direct effect in domestic law. Albania is State party to almost all other relevant international and regional instruments except for the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession to which it is not a State party.

1954 års konvention

Albania is State party to the 1954 Convention with no reservations and it has direct effect.

1961 års konvention

Albania is State party to the 1961 Convention with no reservations and it has direct effect.

Andra internationella och regionala instrument

Albania is State party to almost all relevant international and regional instruments with no reservations, except for the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession to which it is not a State party.

Statslöshet Befolkningsdata

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

Some data is available on the stateless population in Albania, but this is somewhat limited. The last census conducted in 2023 included a category ‘stateless’ for which data is available disaggregated by sex, but not by residence or documentation status. A mapping study carried out by UNHCR and Tirana Legal Aid Society in 2018 identified children and adults at risk of statelessness in Albania, and civil registration authorities introduced a tool to improve the identification of people at risk of statelessness in 2018. There is no ‘stateless’ category in asylum and immigration data and no information is available on stateless people held in immigration detention.

Tillgänglighet och källor

The census contains a category 'stateless' that is disaggregated by sex. Data is based on self-identification. Census data is not disaggregated by residence status, protection, or documentation status.
The latest census was conducted in 2023 and results published in June 2024. It identified 205 stateless people (99 men and 106 women), compared to 7,443 in the previous 2011 census. This decrease is thought to be due to recent reforms and the work of civil society and international organisations to provide legal assistance and resolve cases of statelessness and undetermined nationality.
A mapping study, which included children at risk of statelessness, was carried out by UNHCR and TLAS in 2018 and identified 1,031 people at risk of statelessness at the time.
A tool was introduced in 2018 to aid identification and tracking of people at risk of statelessness by civil registration authorities. However, there are indications it is not being used to its full potential and only a few offices have recorded data with it so far.
There is no 'stateless' category in asylum and immigration data.

Data om statslösa i förvar

The State does not record nor publish figures on stateless people held in immigration detention.

Statslöshet Fastställande och Status

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a statelessness status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice. Assesses whether stateless people fleeing war have access to temporary protection.

There is a definition of a stateless person in Albanian law, but it is narrower than the 1954 Convention definition. Positively, a 2021 law introduced a statelessness determination procedure (SDP) and an Instruction was published in 2023 to regulate and implement the procedure. However, there is no information available yet about practice. Positively, the competent authority must document an application, there is a maximum time limit, and a right of appeal. However, uncertainties and gaps in protection remain. There is a lawful residence requirement to access the procedure, the burden of proof lies with the applicant, and there are barriers to accessing legal aid. Rights during the procedure and if recognised as stateless are unclear.

Definition av en statslös person

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There is a definition in national law, which states that a stateless person is 'a person who is not a national of any State'. This differs from the formulation in the 1954 Convention which specifies ‘under the operation of its law'.

Utbildning

There is no formal dedicated training on statelessness for government bodies.
The NGO TLAS has provided regular training for authorities and NGOs supported by international donors including ENS, UNHCR, US Embassy.
No training on statelessness has ever been delivered by the School of Magistrates nor the School of Advocates and this is not part of the curricula.

Förekomsten av en dedikerad SDP

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The 2021 Law on Foreigners introduced a statelessness determination procedure (SDP) for the first time, but this was not operationalised until June 2023 when the Government published an Instruction to implement and regulate the SDP. To date, there is still a lack of information about the implementation of the SDP in practice.

Access to the procedure

There is a requirement that an individual must have lawful residence on the territory in order to access the procedure.
The law states that a request cannot be submitted by a person who has submitted a request for international protection, been recognised as a refugee, or been granted asylum, subsidiary protection, or another form of protection under the Law on Asylum.
Applications must be submitted in writing on a specific form in Albanian or English.
The assessment of claims is conducted by a centralised body, the Directorate of Policies on Asylum, Foreigners and Citizenship, in the Ministry of Interior, which has expertise as it is responsible for claims under the Law on Asylum, the Law on Foreigners, and the Law on Citizenship.
The competent authority has an obligation in law to consider the application and must certify acceptance of an application for statelessness status, but it cannot initiate SDPs ex officio.
There is no fee for the application or time limit to access the procedure.
The competent authority must cooperate with other state institutions under general administrative provisions but there is no publicly available information on cooperation in practice.

Assessment

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The burden of proof lies on the applicant who is required to provide many documents (including birth, marriage, and hospital certificates, an identification or travel document of their parents, spouse or children, a travel document, including if expired, a proof of residence in Albania, a certificate issued by the foreign authority certifying that the person is not their national, official document proving that the person is not under prosecution and convicted for criminal offences) in their application, but the Instruction is not clear as to the consequences of not attaching some documents, including where the applicant may have difficulties in obtaining them. In particular, it may be impossible for an applicant to benefit from the services of a country where they are not a national.

Procedural safeguards

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According to the Law on Legal Aid, stateless people who are residing lawfully or have entered Albania lawfully are entitled to State-funded legal aid. It is not yet clear if stateless people who do not meet this requirement will have access to legal aid in the SDP and which obstacles they may face. The Instruction implementing the SDP does not mention access to legal aid during the procedure.
An interview and free interpreting are always offered.
There are no quality assurance audits of the SDP.
While it is foreseen that a representative of UNHCR may be present during the interviews, the instruction does not specify who decides on UNHCR’s presence. There is a time limit of 180 days set in law, with a possible extension of three further months (although the conditions for this are unclear), and the timeline is generally complied with in practice.
The Instruction does not provide for any referral mechanism from asylum procedures to the SDP. If the applicant also applied for asylum, the SDP is suspended, with the applicant's approval, and they will be considered as an asylum seeker and treated according to the provisions of the Law on Asylum.

Protection during the procedure

While it is unclear if the applicant has automatic legal admission while their claim for statelessness status is assessed, according to the interpretation of the law, stateless people, including applicants to the SDP, have the right to stay in Albania if they have stayed for one year before submitting the application and intend to continue their stay in the country. There are concerns about how stateless people will evidence this one-year stay requirement if they entered irregularly or have no documents to prove their stay.
The Instruction does not mention what further rights applicants have access to during the SDP.
The Law on Foreigners limits detention in a closed centre to foreigners subject to a deportation order, and alternatives to detention have priority, so there should not be a risk of detention for a stateless person who is not subject to a deportation order. As there is no information available yet about the implementation of the SDP in practice, protection during the procedure remains unclear.

Appeals

The Instruction provides that the applicant has the right to appeal before the first instance of the Administrative Court of Tirana against the decision to refuse statelessness status.
By law, stateless people are entitled to legal aid at every stage of the proceedings, but they must reside lawfully or have entered Albania lawfully.
There is a fee of 30 euros for the appeal, but exemptions can be ordered by court decision, including where the applicant is stateless.

Statelessness status

The SDP Instruction does not include provisions on the rights granted once recognised stateless and there is no information available yet about the implementation of the SDP in practice, it is therefore unclear what rights will result from the determination of statelessness.
In theory, according to the Law on Foreigners, a stateless person may receive a residence permit on humanitarian grounds if they are stateless and have received statelessness status under the SDP.
The central authority for borders and migration should also issue a travel document, valid for two years, to a stateless person residing in Albania. However, there is no evidence to suggest that in practice stateless people are issued with a travel document and/or allowed to leave the country.
Everyone in Albania is entitled under the Constitution to work and access education, and under the Law on State Social Services to access healthcare and welfare benefits.
Stateless people do not have the right to vote in Albania.

Tillfälligt skydd av personer som flyr krig

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Albania guarantees access to the territory to everyone fleeing Ukraine and there are no barriers for stateless people, people with undetermined nationality, or undocumented people in accessing the territory.
The Council of Ministers approved on 18 March 2022 a decision to provide temporary protection for Ukrainian nationals, stateless people, and people who had international protection status in Ukraine, with temporary or permanent residence in Ukraine.
Temporary protection is granted as of the moment the person enters Albania for a term of one year. The deadline has been extended several times by decision of the Council of Ministers, the most recent one having been approved in May 2023 for an extension until September 2024. There is no information about any further extension as of January 2025.
Beneficiaries of temporary protection may apply for asylum, but examination of the application for international protection only starts upon expiry of their temporary protection.
Beneficiaries of temporary protection have the right to remain, to basic accommodation, healthcare, pre-university education, work, vocational training, legal aid, and family reunification (under certain conditions).
Beyond the possibility of applying for asylum, there are no longer-term solutions in place.

Frihetsberövande

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

There are limited safeguards to prevent the arbitrary detention of stateless people in Albania. A country of removal is not always identified prior to issuing a deportation order and detention decision, and statelessness is not proactively identified in detention decisions nor vulnerability assessments. There is no evidence of stateless people being routinely detained but it is possible that some stateless people are detained in practice. Detention should be used as a last resort, and for the shortest time possible, and the law allows for alternative measures to be considered prior to detention following the issuance of a deportation order. Some limited procedural safeguards are in place, but there are barriers to effective remedies and obstacles to accessing legal aid. People released from detention are not issued with any documentation nor protected from re-detention.

Migranter i förvar

+/-

Powers to detain are provided for in law and are applied in practice.
The law foresees that if a person becomes subject to deportation by the authority responsible for border and migration, detention in a closed centre is the last administrative measure taken and only when all possible alternative measures have been exhausted, or when the assessment considers that these measures cannot be applied based on readmission agreements in force. Detention should be used as a last resort, and for the shortest time possible.
The law states that a person may be detained for public security reasons if their identity or reasons for staying in Albania are unclear, which may pose a heightened risk for stateless people. However, there is no evidence of this occurring in practice.
Except in cases of readmission, there is no clear obligation for authorities to identify a country of removal before issuing a deportation order and detention measures are applied as a consequence.
There is no clear obligation to release a person when there is no reasonable prospect of removal, however the law provides that the authority responsible for border and migration may decide to replace the detention measure with appropriate temporary measures. Nonetheless, the number of people detained in closed centres is low and most people issued a deportation order who cannot be removed are released.
There is no evidence of stateless people being detained, but it is possible that some stateless people are detained in practice.

Identifiering av statslöshet

Statelessness is not considered in detention decisions, despite the statelessness determination procedure being operational, and the authorities rely on the documentation held by the individual.
The law provides a definition of a vulnerable person, but it does not include stateless people.
Vulnerability must be taken into account in the detention decision, but statelessness is not explicitly considered as a factor increasing vulnerability and there are no legal provisions on how an assessment of vulnerability should be carried out.

Rättssäkerhetsgarantier

A time limit on immigration detention is set in law (six months), which can be extended for up to another six months if removal has been impossible due to the individual's refusal to provide information; the individual preventing or blocking return; or justified delay in issuing a travel document by another State.
The obligation to provide proof of identity and inability to do so lies with the applicant in practice, so detention periods are often extended beyond six months. There is no provision for the cumulative time spent in detention to count towards the maximum time limit.
There are no periodic ex officio reviews of detention before an independent body. Detainees may appeal the detention order before the courts at any time, but practical obstacles to this have been highlighted by the Ombudsperson (including lack of access to legal aid, information, and rights in detention).
Stateless people have access to legal aid by law, but in practice, there are obstacles to enjoying this right. In general, there is no access to legal aid for people staying irregularly on the territory of Albania.
The law states that detainees must be notified in writing in a language they understand (or at least in English) of the reasons for the deportation order being issued and measures to be taken to implement this, as well as their rights and obligations. Detainees have the right to humane treatment, adequate food, legal assistance, healthcare, consular representation, and appeal. However, Albania has received recommendations from the Council of Europe Committee on the Prevention of Torture and the Ombudsperson regarding inadequate information provision for detainees.
No rules are in place governing the process of redocumentation and ascertaining entitlement to nationality.

Skydd vid frisläppande

There is no protection from re-detention and people are not issued with documentation or residence status on release.

Återvändande- och återtagandeavtal

Statelessness is not considered in return or readmission agreements and no information is available as to whether stateless people have been subject to such agreements.

Förebyggande och minskning

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

There is a facilitated route to naturalisation for stateless people in Albania, including a somewhat reduced residence period and exemption from the minimum age, income requirements, property ownership requirements, as well as the language test. However, stateless people are not exempt from good character requirements and must pay a fee to naturalise. There is an automatic safeguard in nationality law for otherwise stateless children born on the territory, as well as safeguards for foundlings, adopted children, and children born to Albanian nationals abroad. However, same-sex marriages are not recognised and it is unclear what rights same-sex parents have to confer nationality to a child. Albania has pledged to address remaining gaps in the legal framework and has taken recent steps to prevent and reduce the risk of statelessness. However, children may still face a risk of statelessness if parents are undocumented or have irregularities in their documentation, particularly if born abroad. There is evidence that Romani and Egyptian communities are disproportionately impacted. Naturalised Albanians may be deprived of their nationality on national security grounds (but not where it would lead to statelessness), and safeguards to prevent statelessness arising through renunciation of nationality were reduced in 2020.

Naturalisation

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Stateless people may naturalise after if they have resided for a continuous period of not less than seven years on the territory of Albania and have been granted a permanent residence permit (valid at the time of application). Stateless people are exempt from certain general requirements for naturalisation including minimum age, income, and property ownership, and the language test. They must not have been convicted by a final court decision in any country for criminal offences for which Albanian law provides a sentence of not less than three years of imprisonment, except if the sentence was for political motives. Stateless people also must not pose a threat to public order and national security of the Republic of Albania.
The law does not provide for a fee, but applicants pay an approximately 90 EUR fee and stateless people are not exempt.

Statslös född inom landets gränser

In 2020, Albania introduced a safeguard to enable children born on the territory ‘who may remain stateless’ to acquire Albanian nationality.
The provision is automatic once it is proven from the birth notification certificate at registration that the child was born on the territory and ‘may remain stateless’. These facts are proven by the birth notification certificate and the child is registered immediately. There is not a specific mandatory obligation in law to inform parents about nationality rights, but in practice, parents will usually be informed verbally at the civil status office if there is a nationality issue for their child.

Hittebarn

Foundlings acquire Albanian nationality automatically by law and there is no age limit.
Albanian nationality cannot be withdrawn if this leads to statelessness.

Adoption

An Albanian child adopted by foreign parents loses their Albanian nationality, but only after they acquire the nationality of a foreign parent.
A child adopted by Albanian nationals acquires nationality automatically upon adoption and there is a safeguard against statelessness.

Jus sanguinis ('blodets rätt')

All children born to at least one Albanian parent automatically acquire Albanian nationality.
There are no discriminatory conditions relating to birth in or out of wedlock, nor to a man or woman, but same-sex partnerships are not legally recognised in Albania so it is unclear what rights same-sex parents would have to confer nationality to a child.

Födelseregistrering

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The law states that the child has the right to be registered for free, immediately after birth, and to acquire a nationality, and that all children born in a health setting or elsewhere must be documented. If the fact of birth has not been certified by an appropriate official and a medical report drawn up, it must be proven through the court.
The nationality of the child is determined and recorded upon birth registration. If the parents are Albanian nationals their nationality is confirmed in the electronic register of all nationals and automatically attributed to the child. If the parents are foreign nationals with lawful residence in Albania, their residence is verified, and the child is granted either Albanian nationality or the nationality of the parent/s at their will. If the parent/s are undocumented, refugees, or residing without a lawful status in Albania or stateless, the child will be registered based on the declaration of the parent/s. This is not regulated in law, but general rules apply, and this is confirmed by practice to date.
There is no legal provision to regulate determination of nationality after birth registration, but general rules relating to correction of errors in the National Register apply.
In practice children face difficulties if parents are undocumented or have irregularities in their documentation, particularly those born abroad to Albanian parents with irregular documentation. There are credible reports that suggest some children face barriers to birth registration, in particular among Romani and Egyptian communities, although recent amendments have been made to the law in an effort to address these.
The Albanian legal framework does not provide for the recognition of same-sex marriages nor the parenthood of same-sex parents. A recent Supreme Court judgment confirmed that same-sex marriages are against the provisions of the Family Code. There is no specific provision in force requiring health or civil registry authorities to share information with immigration authorities, but there is also no ban on this happening in law or practice.
Late registration is possible in law and practice and early registration within the deadline of 60 days is incentivised (through monetary compensation). Unregistered births are flagged to the child protection unit for mandatory ex officio registration. There are no additional requirements.

Minska in situ ('på platsen') statslöshet

Civil society organisations, supported by international organisations, have campaigned for improvements to birth registration, and government agencies have generally been receptive to this, amending the law on civil status to address some of the issues relating to birth registration.
Romani communities in Albania are disproportionately affected by the risk of statelessness. The Government has addressed many of the recommendations made to address this in recent legislative changes.
The Albanian Government made several pledges at the UNHCR High-Level Segment on Statelessness in October 2019 to address remaining gaps in the legal framework, including to amend the nationality law, implement civil status changes, and introduce an SDP. It also made pledges at the OSCE-UNHCR Regional Conference on Access to Civil Documentation and Prevention of Statelessness in South-Eastern Europe to resolve known cases of statelessness and undertake law reforms to ensure that no child is born stateless.
Amendments introduced to the nationality law in 2020 improve safeguards to prevent childhood statelessness among children born on the territory.

Återkallande av medborgarskap

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There are provisions on deprivation and renunciation of nationality that could lead to statelessness in some cases.
A decision to grant nationality may be revoked if it was acquired by fraud, even if this results in statelessness. There is a safeguard to prevent statelessness for children, but not for adults.
New provisions for deprivation of nationality on national security grounds were introduced in 2020, which are discriminatory in nature as they apply only to naturalised Albanians. However, these provisions do not apply if they would lead to statelessness.
The competent authority to decide on deprivation cases is the President, based on information provided by law enforcement or after a conviction by a court. 2020 amendments introduced the possibility to appeal against a Presidential Decree on deprivation of nationality, but the deprivation order is effective as of the moment it is communicated to the person or published in the Official Gazette. It is not clear whether deprivation provisions are implemented in practice.
Respect for principles of proportionality and legality are required by the code of administrative procedures and must be applied in decisions on deprivation of nationality, and this is subject to a review by the court.
There is a partial safeguard to prevent statelessness occurring through voluntary renunciation. If a person has renounced Albanian nationality to acquire another and the promised nationality is not acquired within a reasonable time, they reacquire Albanian nationality, under certain conditions.
The law stipulates that loss of Albanian nationality as a result of deprivation does not affect the nationality of the minor child/ren of the person deprived, but it does not mention spouses.

Resurser

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Publications

UNHCR & TLAS - Mapping of the Population at Risk of Statelessness in Albania (May 2018)

TLAS, ENS, ERRC & ISI - Joint Submission to the Human Rights Council at UPR33 - Albania (Oct 2018)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

UNDP - Roma access to personal documentation in the Western Balkans (Dec 2018)

ENS, ERRC, ISI - Submission to the Special Rapporteur on Minority Issues – Statelessness, A Minorities Issue (May 2018)

ENS, ERRC, ISI - Roma Belong: Statelessness, Discrimination and Marginalisation of Roma in the Western Balkans and Ukraine (Oct 2017)

ENS - Addressing the risks of statelessness among children in migration in Europe (Oct 2022)

ENS - Submission to inform the European Commission 2022 Enlargement Package: progress towards addressing statelessness (Apr 2022)

ENS - Submission to inform the European Commission 2021 Enlargement Package: progress towards addressing statelessness in Enlargement countries (Apr 2021)

ENS - Submission to inform the European Commission 2020 Enlargement Package: progress towards addressing statelessness in Enlargement countries (Jan 2020)

The European Network on Statelessness - Submission to inform the European Commission 2023 Enlargement Package (Apr 2023)

ENS - Situation assessment of statelessness, health, and COVID-19 in Europe (Apr 2021)

ENS, ERRC, TLAS, ISI - RomaBelong: Statelessness, Discrimination and Marginalisation of Roma in Albania (Jun 2018)

Joint Submission to the Human Rights Council at the 47th Session of the Universal Periodic Review (UPR) (Apr 2024)

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Nov 2024)

ENS - Submission to inform the European Commission 2024 Enlargement Package (Apr 2024)

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