The European Union Temporary Protection Directive: an example of solidarity in law but not in practice. A Review of Temporary Protection in the European Union 1990-2015.

Conference paper


Koo, J (2016). The European Union Temporary Protection Directive: an example of solidarity in law but not in practice. A Review of Temporary Protection in the European Union 1990-2015. Refugee Law Initiative 1st Annual Conference. London 29 Jun - 01 Jul 2016
AuthorsKoo, J
TypeConference paper
Abstract

Temporary protection mechanisms emerged in Europe in the 1990s in response to mass influxes of asylum seekers. The influxes of asylum seekers from Yugoslavia, fleeing conflicts and violence resulting from the break-up of that country, have been closely associated with its emergence. In the light of the developments in that period, and in particular the responses of European states to the Yugoslavian influxes, this paper reviews the emergence of temporary protection. It reviews the convergence of European norms which lead EU states to agree the Temporary Protection Directive in 2001. The paper juxtaposes the 1990s Yugoslavian influxes and responses, with the 2015 European refugee crisis and the responses of the EU. These responses have included arrangements to relocate asylum seekers from states under the most pressure but have excluded temporary protection. The omission of temporary protection is consistent with the findings in this paper, which show that EU states came to disfavour temporary protection as a response to asylum crises. The paper concludes that while EU states did commit to a set of standards for temporary protection, they did not commit to implementation of temporary protection.

KeywordsTemporary Protection; Yugoslavia; Temporary Protection Directive; burden sharing; humanitarian; return/repatriation; Syrian refugees
Year2016
Accepted author manuscript
License
File Access Level
Open
Publication dates
Print29 Jun 2016
Publication process dates
Deposited04 Dec 2017
Accepted29 May 2016
Permalink -

https://openresearch.lsbu.ac.uk/item/8737q

Download files


Accepted author manuscript
2017 temporary protection failures in EU.docx
License: CC BY 4.0
File access level: Open

  • 168
    total views
  • 121
    total downloads
  • 2
    views this month
  • 3
    downloads this month

Export as

Related outputs

A reordering: to teach EU law or not?
James, C. and Koo, J. (2024). A reordering: to teach EU law or not? The Law Teacher. pp. 1-15. https://doi.org/10.1080/03069400.2024.2326794
Protecting Ukrainians fleeing to the EU … but for how long?
Koo, J. (2022). Protecting Ukrainians fleeing to the EU … but for how long?
Temporary protection of Ukrainians – an uncertain model
Koo, J. (2022). Temporary protection of Ukrainians – an uncertain model.
From European Union student mobility to lockdown: “Virtual study mobility” in the COVID-19 era and a case study of transnational law in an international classroom delivered online
Koo, J., James, C. and Mylonaki, E. (2021). From European Union student mobility to lockdown: “Virtual study mobility” in the COVID-19 era and a case study of transnational law in an international classroom delivered online. in: Covid 19 and an Emerging World of Ad Hoc Geographies Springer.
Temporary Protection: Europe, Croatia and the UK;in EU Justice and Home Affairs Research Papers in the Context of Migration and Asylum LawINSPIRED - Innovative Solutions for Practicality and Impact in Refugee and Migration Orientated Education
Koo, J. and Spadina, H. Kelemen, B.K. and Mohay, A. (ed.) (2019). Temporary Protection: Europe, Croatia and the UK;in EU Justice and Home Affairs Research Papers in the Context of Migration and Asylum LawINSPIRED - Innovative Solutions for Practicality and Impact in Refugee and Migration Orientated Education. Centre for European Research and Education of the Faculty of Law of the University of Pecs.
Non-law graduates: an uncommon route to qualification?
Koo, J. (2019). Non-law graduates: an uncommon route to qualification? The Law Teacher. 54 (2), pp. 222-236. https://doi.org/10.1080/03069400.2019.1643659
Mass Influxes and Protection in Europe: A Reflection on a Temporary Episode of an Enduring Problem
Koo, J (2018). Mass Influxes and Protection in Europe: A Reflection on a Temporary Episode of an Enduring Problem. European Journal of Migration and Law. 20 (2), pp. 157-181. https://doi.org/10.1163/15718166-12340027
The European Union Temporary Protection Directive: an example of solidarity in law but not in practice. A Review of Temporary Protection in the European Union 1990-2015.
Koo, J (2017). The European Union Temporary Protection Directive: an example of solidarity in law but not in practice. A Review of Temporary Protection in the European Union 1990-2015. School of Advanced Studies, University of London.
The EU law 'core' module: surviving the perfect storm of Brexit and the SQE
Koo, J and James, C. (2017). The EU law 'core' module: surviving the perfect storm of Brexit and the SQE. The Law Teacher. 52 (1), pp. 68-84. https://doi.org/10.1080/03069400.2017.1394144
EU Temporary Protection Directive: What lessons have been learned?
Koo, J (2016). EU Temporary Protection Directive: What lessons have been learned? Refugee Law Initiative Conference. London 29 Jun - 01 Jul 2016