Study on the Temporary Protection Directive : Final report

This Final report is the final deliverable of the Study on the Temporary Protection Directive (2001/55/EC), an assignment undertaken by ICF Consulting Services Limited (“ICF”), on behalf of DG Migration and Home Affairs (“the Commission”). The Final Report contains the purpose, scope, design and conduct of the study, presents the analysis carried out and presents conclusions and recommendations. This Final Report is structured as follows: Chapter 2 describes the methodology and work undertaken by the Study Team; Chapter 3 provides an overview of the Temporary Protection mechanism,reviewing its historical context, the Commission’s proposal and negotiations and an explanation of the workings of the mechanism and application to date; Chapter 4 presents strengths and weaknesses of the Temporary Protection Directive TPD); Chapter 5 examines pressures on the EU in the period 2001-2014 (these events are further examined in the case study descriptions in Annex 3) and summarises the reasons for non-implementation of the TPD; Chapter 6 identifies possible changes to the TPD and assessesthese policy options. Chapter 7 includes a comparison between the preferred policy option for revising the TPD and the recently proposed provisional measures and permanent crisis mechanism.

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Alternative title:	Study on the Temporary Protection Directive : Executive Summary
Year of publication:	2016-01
Other Persons:	Beirens, Hanne (contributor) ; Maas, Sheila (contributor) ; Petronella, Salvatore (contributor)
Institutions:	ICF Consulting Services Limited ; Europäische Kommission / Generaldirektion Migration und Inneres (contributor)
Publisher:	Europäische Kommission / Amt für Veröffentlichungen
Subject:	Asylpolitik \| policy on asylum \| EU \| Europäisches Recht \| European Law \| Flüchtling \| refugee \| Menschenrechte \| human rights \| Migration \| migration \| Migrationspolitik \| migration policy \| Protektion \| protection \| Richtlinie \| directive \| Vertriebener \| expellee \| 2001 - 2014

1 Introduction
2 Methodology
2.1 Objectives of the Study
2.2 Outline of the methodology
2.3 Work undertaken by the Study Team and challenges encountered
3 Background to the Temporary Protection Directive
3.1 What preceded the adoption of the Temporary Protection Directive
3.1.1 National forms of temporary protection preceding the adoption of the TPD
3.1.2 Historical context
3.1.3 Commission proposals and negotiations
3.2 The temporary protection mechanism
3.2.1 Objectives
3.2.2 The mechanism
3.2.3 Status of transposition
3.2.4 Application to date
4 Strengths and weaknesses of the TPD
4.1 Introduction
4.2 A broad definition of mass influx, resulting in flexibility but also obstacles in its application
4.2.1 “Large numbers”
4.2.2 “Arrival (spontaneous or aided) in the community”
4.2.3 Who come from a “specific country or geographical area”
4.2.4 Who are “unable to return to their country of origin”
4.2.5 If there is a “risk” that the asylum system will be unable to process the influx without “adverse effects”
4.3 Cumbersome and lengthy activation procedure influenced by political factors
4.3.1 Are the right actors involved?
4.3.2 The number of steps are high
4.3.3 The content of some of the steps are unclear
4.4 Solidarity principle, based on dual volunteerism
4.4.1 The principle of solidarity
4.4.2 The organisation of redistribution, as laid down in the TPD
4.5 A fair and adequate level of protection of rights, but potentially unattractive to Member States
4.6 In the absence of activation, theobjective to harmonise TP is undermined
5 Pressures on the EU in the period 2001 2014 and reasons for non-implementation
5.1 Pressure on Member States in the period 2001-2014
5.1.1 Pressure due to a significant high and/or sudden increase
5.1.2 Pressure following a gradual increase
5.1.3 Pressure due to strong fluctuations
5.2 Management of the situation

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