This chapter analyses the European Union’s use of temporary protection as a response to mass influx, situating the Temporary Protection Directive (2001/55/EC) within the broader context of the New Pact on Asylum and Migration and the displacement triggered by Russia’s invasion of Ukraine. It explores the conceptual evolution of temporary protection in refugee law, the Directive’s legal design and political activation, and its implementation during the Ukrainian crisis. The chapter argues that the Directive’s first activation exposed both its potential as a solidarity tool and its fragility as a rights instrument, given the fragmented application across Member States and its reliance on political framing. By linking EU law with UNHCR guidelines and global practice, the analysis highlights tensions between protection and containment, temporariness and permanence, and solidarity and discretion. The conclusion situates temporary protection within EU crisis governance, identifying reforms necessary to ensure durable solutions and consistency in future displacement scenarios.
Moraru, M., Chaloub, L. (2026). Managing Mass Influx in the EU: The New Pact on Asylum and Migration and the War in Ukraine. The Hague : T.M.C. Asser Press [10.1007/978-94-6265-767-0_9].
Managing Mass Influx in the EU: The New Pact on Asylum and Migration and the War in Ukraine
Moraru, Madalina
;
2026
Abstract
This chapter analyses the European Union’s use of temporary protection as a response to mass influx, situating the Temporary Protection Directive (2001/55/EC) within the broader context of the New Pact on Asylum and Migration and the displacement triggered by Russia’s invasion of Ukraine. It explores the conceptual evolution of temporary protection in refugee law, the Directive’s legal design and political activation, and its implementation during the Ukrainian crisis. The chapter argues that the Directive’s first activation exposed both its potential as a solidarity tool and its fragility as a rights instrument, given the fragmented application across Member States and its reliance on political framing. By linking EU law with UNHCR guidelines and global practice, the analysis highlights tensions between protection and containment, temporariness and permanence, and solidarity and discretion. The conclusion situates temporary protection within EU crisis governance, identifying reforms necessary to ensure durable solutions and consistency in future displacement scenarios.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



