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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.

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