Shadow Legislative Processes: Is Detention of Stateless Persons an Arbitrary Law-making Practice?

ECtHR case law clarified that Article 5(1)(f) authorises lawful detention, contingent on the possibility of effectively removing the alien within a reasonable amount of time. Stateless migrants are not considered as nationals by any state: there is no prospect of removing them. They often have no way of officially being recognised as such, and are not granted the right to stay thus exposing released detainees to re-detention. Where there is no a stateless determination procedure or it is not coordinated with the removal system, EU Member States can be imputable. Administrative authorities may be responsible for applying detention to stateless persons. How well does the implementation of such legislation accomplish the aims set by the policymakers? Given that asylum and removal procedures often do not account for statelessness, is the practice of detaining stateless persons an arbitrary law-making practice?