Although the legislative gap establishing the absence of an automatic right of residence for stateless persons is of a discriminatory nature, it does not imply that the stateless person is automatically authorized to legally reside on the territory, nor does it mean that he/she no longer has to initiate the procedure in this respect.
The Court of Cassation, echoing the jurisprudence of the Constitutional Court, confirmed the discriminatory nature of the legislation due to the absence of an automatic right of residence for stateless persons, as soon as the applicant has involuntarily lost his nationality and demonstrated that he/she cannot obtain a legal and permanent residence permit in another State with which he/she would have links.
According to the Court of Cassation, the recognition of stateless status cannot be refused on the ground that the claim does not demonstrate that he can not obtain another nationality.
