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Polish Yearbook of International Law
Article . 2022
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Data sources: Ciência-UCP
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The temporary protection directive is dead, long live the temporary protection directive! Indispensability of the temporary protection scheme in the eu legal landscape

Authors: Mazur, Sylwia Katarzyna;

The temporary protection directive is dead, long live the temporary protection directive! Indispensability of the temporary protection scheme in the eu legal landscape

Abstract

On 24 February 2022 an unprovoked Russia attacked Ukraine, causing a mass movement of displaced persons fleeing Ukraine and in need of international protection. On 4 March 2022, the European Council established the existence of a mass influx of displaced persons, and with that for the first time in the history activated Directive 2001/55/EC, providing quick and effective assistance to people fleeing the war. This action has become an exception in the treatment of forcibly displaced persons arriving at the European Union (EU) borders. The main objective of this study is to explore the complementary position that temporary protection occupies within the Common European Asylum System (CEAS), where it serves not only as a tool to provide protection to persons forcefully displaced en masse, but also to ease the pressure on national asylum systems. What makes the presented research even more interesting is the fact that although temporary protection in the EU had been regulated (at least in theory) for over twenty years, it is still highly politicized and dependent on the will of European leaders. This article combines theoretical considerations (analysis of international law and European law) with a case study of actions taken (and not taken) by the EU during the 2022 migratory pressures.

Country
Portugal
Related Organizations
Keywords

Refugee, Temporary protection, Common European Asylum System, Non-refoulement, Crisis

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
views
OpenAIRE UsageCountsViews provided by UsageCounts
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48
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Published in a Diamond OA journal