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Temporary Protection Directive

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The Temporary Protection Directive (TPD; Council Directive 2001/55/EC) is a 2001 European Union directive providing for immediate, temporary protection for displaced people from non-EU countries, intended to be used in exceptional circumstances when the regular European Union asylum system has trouble handling a "mass influx" of refugees.[1][2][3][4] It was introduced in the aftermath of the Yugoslav Wars, but has never been used.[1] If invoked, it would require EU member states to accept refugees as allocated based on their capacity to host them, following a principle of solidarity and a "balance of efforts" among member states.[2][5][6]

Officials have proposed invoking the directive multiple times since it was passed.[1][7] On 1 March 2022, EU Home Affairs Commissioner Ylva Johansson expressed hope that it would be invoked in response to the refugee crisis caused by the Russian invasion of Ukraine.[8]

Origins

The directive was passed in 2001 in the aftermath of the Yugoslav Wars.[1][9] The directive has been in effect since 7 August 2001, but it has never been triggered.[10]

Details

The Temporary Protection Directive aims to harmonize European Union policies with respect to displaced people and increase solidarity and collaboration between member states in a refugee crisis.[3] The directive discusses procedures for triggering and ending temporary protection, rights of people under temporary protection, and special provisions for specific categories of people (survivors of trauma, unaccompanied minors, and potential security threats).[3]

Temporary protection, which is distinct from asylum, can last up to three years depending on circumstances.[2][7] People under temporary protection can obtain a residence permit without the complicated bureaucracy normally associated with seeking asylum.[11] They are allowed to work and access social welfare, and are entitled to protection throughout the EU.[12] Children must be allowed to access education the same way as EU residents.[6]

To invoke the directive, the European Commission would need to make a proposal to member states, and a qualified majority of the Council of the European Union (generally at least 55% of EU countries, representing at least 65% of the bloc's population) would need to vote in favor.[2] The directive is intended to be invoked in the event of a "mass influx" of refugees; the definition of "mass influx" is left vague and meant to be defined on a case-by-case basis, in order to allow flexibility in its application.[4][13]

When invoked, the directive would compel all member states (except Denmark, which has an opt-out clause) to accept refugees, issue residence permits, minimize red tape, and take other steps to assist displaced people.[2] Refugees would be distributed among member states on a voluntary basis, based on member states' capacity to host them.[11][2][5][6]

The directive originally did not apply to Ireland due to its opt-out clause, but on 11 April 2003, the Irish government stated its desire to opt in, which was accepted by the European Commission.[14][10][15][16] However, as of 2016 the Irish government has not transposed the directive.[16]

Proposals for use or repeal

Though the directive has never been invoked, its possible use has sometimes been discussed.[1]

In 2011, the EU received more than 300,000 refugees, partly due to the First Libyan Civil War. The Italian and Maltese governments argued for using the TPD,[7] and the European Commission discussed invoking it to address tension between Italy and France over their differing refugee policies. However, the directive was not invoked, partly due to opposition from the German government.[5]

Amid the 2015 European refugee crisis, the UNHCR, some members of the European Parliament, and activists called for the directive to be invoked.[7]

EU foreign policy official Josep Borrell discussed the possibility of invoking the directive in 2021 to aid Afghan refugees following the United States military's withdrawal from Afghanistan.[1][2]

The directive has also been discussed as a response to the 2022 Ukrainian refugee crisis.[1] On 27 February 2022, EU ministers asked Home Affairs Commissioner Ylva Johansson to prepare plans for invoking the directive.[12] However, Anders Ygeman and Mattias Tesfaye, migration ministers from Sweden and Denmark respectively, said that they did not yet think the directive was merited.[17] Gérald Darmanin has announced plans to propose invoking the directive at a meeting on 3 March 2022.[18]

There has been discussion of the directive in the context of climate refugees, but it is thought that it would probably not be applicable due to the gradual nature of climate change.[4][13]

Possibility of repeal

In 2020, a proposed regulation stated that the Temporary Protection Directive "no longer responds to member states’ current reality" and should be repealed.[2]

John Koo, lecturer in EU law at London South Bank University, has argued that the directive benefits neither EU member states nor refugees themselves, and that its mechanisms contain problems.[7]

References

  1. ^ a b c d e f g "EU debates granting temporary protection to refugees from Ukraine". POLITICO. 27 February 2022. Archived from the original on 27 February 2022. Retrieved 28 February 2022.
  2. ^ a b c d e f g h "Could the EU use an old, obscure law to manage a new refugee influx?". euronews. 23 August 2021. Archived from the original on 28 February 2022. Retrieved 28 February 2022.
  3. ^ a b c "Temporary protection". ec.europa.eu. Archived from the original on 19 January 2022. Retrieved 28 February 2022.
  4. ^ a b c Richey, Mason (2013). "The North African Revolutions: A Chance to Rethink European Externalization of the Handling of Non-EU Migrant Inflows". Foreign Policy Analysis. 9 (4): 409–431. ISSN 1743-8586. Archived from the original on 2022-02-28. Retrieved 2022-02-28.
  5. ^ a b c Liboreiro, Jorge (28 February 2022). "Brussels will apply a never-used EU law to host Ukrainian refugees". euronews. Retrieved 1 March 2022.
  6. ^ a b c d e Koo, J. (29 June 2016). "EU Temporary Protection Directive: What lessons have been learned?". Archived from the original on 28 February 2022. Retrieved 28 February 2022.
  7. ^ Cite error: The named reference Live March on Kyiv stalled by logistical challenges breakingnews.ie was invoked but never defined (see the help page).
  8. ^ "COUNCIL DIRECTIVE 2001/55/EC of 20 July 2001". eur-lex.europa.eu. Archived from the original on 20 February 2022. Retrieved 28 February 2022.
  9. ^ a b Temporary protection if there is a mass influx of displaced people
  10. ^ a b "Special protection for Ukrainian refugees in the EU: What's the 'Temporary Protection Directive'?". InfoMigrants. 28 February 2022. Retrieved 1 March 2022.
  11. ^ a b "EU plans to grant Ukrainians right to stay for up to 3 years". Reuters. 28 February 2022. Retrieved 28 February 2022.
  12. ^ a b Martin, Susan (2010). "Climate Change, Migration, and Governance". Global Governance. 16 (3): 397–414. ISSN 1075-2846. Archived from the original on 20 May 2021. Retrieved 28 February 2022.
  13. ^ COMMISSION DECISION of 2 October 2003 on the request by Ireland to accept Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
  14. ^ Genç, H. Deniz; Şirin Öner, N. Aslı (25 March 2019). "Why not Activated? The Temporary Protection Directive and the Mystery of Temporary Protection in the European Union". International Journal of Political Science & Urban Studies: 1–18. doi:10.14782/ipsus.539105. Retrieved 28 February 2022.
  15. ^ a b "Study on the Temporary Protection Directive" (PDF). European Commission. Retrieved 1 March 2022.
  16. ^ "Danes, Swedes not ready to trigger collective asylum despite war". Retrieved 28 February 2022.
  17. ^ Pollet, Mathieu (28 February 2022). "France to propose activating emergency law to deal with Ukrainian refugees". www.euractiv.com. Retrieved 1 March 2022.
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