Croatian Yearbook of European Law and Policy (Dec 2023)
The EU and the Mass Influx from Ukraine: Is There a Future for Temporary Protection?
Abstract
In an unexpected turn of events, Council Directive 2001/55/ EC and the status of temporary protection became an inevitable choice of the EU when dealing with the largest displacement of individuals since World War II. What was once believed to be a forgotten reminiscence of the past within the Common European Asylum System stands now at the heart of the EU’s response to the mass influx caused by the Russian aggression in Ukraine. And while arguably bringing a fresh change to EU asylum law, the current success of temporary protection is still only of a temporary nature given the Commission’s New Pact on Migration and Asylum and the proposed repeal of the Directive. The article aims to tackle the use of temporary protection at the EU level in 2022 and 2023 and explore the question of its relevance in EU law more than two decades after the adoption of the currently employed legal framework of temporary protection within the Common European Asylum System.
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