Description
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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/