The regulation of temporary protection of those displaced by the war in Ukraine and its compatibility with other forms of international protection in the context of the new EU migration policy
DOI:
https://doi.org/10.18042/cepc/rdce.73.07Abstract
This research analyzes the Temporary Protection Directive and the reasons for its application by the European Union for the first time to the serious crisis of displaced persons and/or refugees caused by the war in Ukraine, compared to previous situations, such as the war in Syria.
In addition to carrying out a critical analysis of the Temporary Protection Directive as a legal instrument and the advantages of its use in this specific situation, this article intends to focus especially on the subjective scope of its beneficiaries and on its concrete and generous application by Spain. Finally, it compares it with the Proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum, called to replace the TPD and expand its possibilities, placing it within the framework of the European Commission New Pact on Migration and Asylum, which approved both proposals on September 23, 2020.
The hypothesis is that, while the Temporary Protection Directive is adequate to the current situation of those affected by the war in Ukraine, it discriminates and leaves certain groups unprotected, as their protection relies on the discretion of each Member State. The Proposal for a Regulation addressing situations of crisis and force majeure, if approved, eliminates this inconvenience, and is inclined to grant displaced persons in these temporary situations a protection similar to subsidiary protection.
We conclude the research, among other conclusions, by exposing the low probability of continuity in the shift in the EU migration policy that the case of Ukraine has involved, since the proposals of the New Pact on Migration and Asylum face significant obstacles in the current political context of the EU, especially in aspects that require solidarity between Member States, such as the case of future and foreseeable migration crises.
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