Temporary Protection Directive
European Union directive | |
Title | Council Directive 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 |
---|---|
Made by | Council |
Made under | Art. 63(2) TEC |
Journal reference | L 212, 7.8.2001, p. 12–23 |
History | |
Date made | 20 July 2001 |
Came into force | 7 August 2001 |
Other legislation | |
Amends | — |
Replaced by | — |
Current legislation |
The Temporary Protection Directive (TPD; Council Directive 2001/55/EC) is a 2001
On 3 March 2022, in response to
Origins
With the entry into force of the
Details
The Temporary Protection Directive aims to harmonise
Temporary protection, which is distinct from
To invoke the directive, the European Commission must first 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 union's total population) needs to vote in favour.[2] The directive is intended to be invoked in the event of a "mass influx" of refugees; the definition of "mass influx" was intentionally left vague and is meant to be defined on a case-by-case basis, in order to allow flexibility in its application.[4][13]
When invoked, the directive compels all member states (except Denmark, which has an opt-out clause) to accept refugees, issue residence permits, minimise red tape, and take other steps to assist displaced people.[2] Refugees are to be distributed among member states on a voluntary basis, based on member states' capacity to host them.[11][2][6][7]
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][9][15][16] However, as of 2016 the Irish government has not transposed the directive.[16]
2022 refugee crisis
In March 2022, the
The European Commission published guidelines for how member states should implement the directive in light of the crisis, and individual member states have announced specific requirements for how refugees can apply for protected status.
The legal blog
Other proposals for use or repeal
The directive's possible use has occasionally been discussed in the years since it was passed.[1]
In 2011, the EU received more than 300,000 refugees, partly due to the
Amid the
EU foreign policy official
There has been discussion of the directive in the context of
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, a 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.[10]
See also
- Temporary protection visa – Australian counterpart
- Temporary protected status – United States counterpart
References
- ^ a b c d e "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.
- ^ 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.
- ^ a b c "Temporary protection". ec.europa.eu. Archived from the original on 19 January 2022. Retrieved 28 February 2022.
- ^ a b c d Liboreiro, Jorge (3 March 2022). "EU agrees to trigger never-used law to host Ukrainian refugees". euronews. Retrieved 3 March 2022.
- ^ from the original on 2022-02-28. Retrieved 2022-02-28.
- ^ 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.
- ^ "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.
- ^ a b Temporary protection if there is a mass influx of displaced people
- ^ a b c d 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.
- ^ a b "Special protection for Ukrainian refugees in the EU: What's the 'Temporary Protection Directive'?". InfoMigrants. 28 February 2022. Retrieved 1 March 2022.
- ^ "EU plans to grant Ukrainians right to stay for up to 3 years". Reuters. 28 February 2022. Retrieved 28 February 2022.
- ^ from the original on 20 May 2021. Retrieved 28 February 2022.
- ^ 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
- S2CID 159248807. Retrieved 28 February 2022.
- ^ a b "Study on the Temporary Protection Directive" (PDF). European Commission. Retrieved 1 March 2022.
- ^ a b "EU Commission plans to give 3-year protection to Ukraine refugees". InfoMigrants. 2 March 2022. Retrieved 2 March 2022.
- ^ a b c "Sharing Responsibility for Ukrainian Refugees: An Unprecedented Response". Lawfare. 5 March 2022. Retrieved 5 March 2022.
- ^ "Hungary Also Joins EU Refugee Protection Scheme". Hungary Today. 4 March 2022. Retrieved 5 March 2022.
- ^ "COUNCIL IMPLEMENTING DECISION (EU) 2022/382 of 4 March 2022". Retrieved 5 March 2022.
- ^ "Ukraine: Council unanimously introduces temporary protection for persons fleeing the war". www.consilium.europa.eu. Retrieved 9 March 2022.
- ^ a b "EU Countries Start Implementing Temporary Protection Directive for Ukrainians". SchengenVisaInfo.com. 21 March 2022. Retrieved 27 March 2022.
Further reading
- Gluns, Danielle; Wessels, Janna (2017). "Waste of Paper or Useful Tool? The Potential of the Temporary Protection Directive in the Current "Refugee Crisis"". Refugee Survey Quarterly. 36 (2): 57–83. JSTOR 48503050.