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Temporary Protection Directive                                                                                                         

10th March, 2022

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Context: The European Commission describes "temporary protection" under the Temporary Protection Directive (TPD). Invoking TPD by EU is being seen as another sign of European unity against Russia.

Temporary Protection Directive:

  • The European Commission describes “temporary protection” under the TPD as an “exceptional measure to provide immediate and temporary protection to displaced persons from non-EU countries and those unable to return to their country of origin”.
  • The directive applies when “there is a risk that the standard asylum system is struggling to cope with demand stemming from a mass influx risking a negative impact on the processing of claims”.
  • Purpose of the Directive
    • to “establish minimum standards for giving temporary protection” to displaced persons
    • to “promote a balance of effort between Member States in receiving and bearing the consequences of receiving such persons

 

Reasons to establish standards:

  • It reduces disparities between the policies of EU States on the reception and treatment of displaced persons in a situation of mass influx.
  • It promotes solidarity and burden-sharing among EU States with respect to receiving large numbers of potential refugees at one time.

Obligations that TPD place upon EU states:

  • TPD “foresees harmonised rights for the beneficiaries of temporary protection”, which include:
    • a residence permit for the duration of the protection (which can last from 1-3 years),
    • appropriate information on temporary protection,
    • access to employment,
    • access to accommodation or housing,
    • access to social welfare or means of subsistence,
    • access to medical treatment,
    • access to education for minors,
    • opportunities for families to reunite in certain circumstances, and
    • guarantees for access to the normal asylum procedure.
  • It contains provisions for the return of displaced persons to their country of origin, unless they have committed serious crimes or they “pose a threat to security from the benefit of temporary protection”.

TPD origin:

  • With USSR disintegration, there were multiple instances of armed conflict and ethnic strife in Europe.
  • As large numbers of people were displaced by these conflicts, the EU felt the need to put in place special procedures to deal with mass influxes of displaced persons.
  • The 2001 Temporary Protection Directive provided a tool for the EU to address such situations.

https://indianexpress.com/article/explained/everyday-explainers/temporary-protection-directive-why-has-eu-invoked-refugees-of-ukraine-war-7807000/