Temporary protection within the framework of a new European asylum regime

Abstract

Temporary protection à l'Européenne arose in the context of profound changes in the asylum regime which had developed and prevailed after the Second World War, but it also constitutes a cornerstone of the new regime unfolding. While an array of restrictive measures demonstrated an utmost reluctance to accept more refugees in the European Union (EU) a major crisis exploded on its doorstep. After procrastinating the EU yielded to the pleas of the UNHCR and accepted to take in refugees from former Yugoslavia on a temporary basis. In the last analysis it proved impossible for the EU to ignore totally the war in former Yugoslavia and its masses of displaced people resulting from untold massacres in Europe since the Nazi period. Real politics led the United Nations High Commissioner for Refugees (UNHCR) to come up with a scheme which EU states were ready to consider. This solved their dilemma. The major protagonists in the formulation of TP in Europe are thus the UNHCR and the EU. Other institutional and social actors also have views and attempt to influence the course of events but with less efficiency. This article explores the circumstances bringing about Temporary Protection (TP), the instruments and statuses implemented, the criteria advanced to warrant TP, the standards of treatment of temporarily protected persons, the concomitant comprehensive action and the actors involved.

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