About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Eur. J. Migration & L. 193 (2002)
The Temporary Protection Directive

handle is hein.journals/ejml4 and id is 201 raw text is: European Journal of Migration and Law 4: 193-214, 2002. 193 © 2002 Kluwer Law International. Printed in the Netherlands. The Temporary Protection Directive KAROLINE KERBER* On 20 July 2001 the Council of the European Union adopted 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,' A procedure for temporary protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin was created. The directive further establishes minimum standards for giving temporary protection and promotes a balance of efforts between Member States in bearing the consequences of receiving such persons (Article 1). 1. Development The necessity to harmonise temporary protection policies of the EU Member States was first recognised when great numbers of persons came to seek protection in the EU during the conflict in the former Yugoslavia in the early 1990s.2 Already under the legal regime of the Maastricht Treaty, the Commission submitted proposals for a joint action on temporary protec- tion based on Article K.3(2)(b) TEU on March 5, 1997 and June 24, 1998.3 However, divergences of opinion among the Member States mainly on the * European Law and International Law Division of the Federal Ministry of Justice, Berlin. All positions taken in this article are purely personal and in no way represent the point of view of any German government authority. I would like to thank my colleague, Richter am Verwaltungsgericht Harald Meyer, who took part in the debates on the directive, for his advice and guidance while writing this article. ' OJ 2001, L 212/12. The directive applies to the United Kingdom but not to Ireland and Denmark, see considerations (24), (25), and (26), ibid, at 13. 2 See K. Kerber, Die voriibergehende Schutzgewahrung in der Europaischen Union (Leipziger Universitatsverlag, 1998), p. 196 et seq.; K. Kerber, Temporary Protection in the European Union: A Chronology, Georgetown Immigration Law Journal 14/1 (1999), 35-50 at 38. 3 See supra note 2.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most