Temporary Protection Directive: Testing New Frontiers?

Abstract

The activation of the Temporary Protection Directive has been considered a manifestation of solidarity towards refugees that enhances responsibility sharing between the Member States and is, therefore, perceived as a positive development. Focusing on the specific case of Ukrainian refugees, this paper explores the possible implications of the Temporary Protection Directive from the perspective of asylum solidarity. The purpose of the article is twofold. First, to dispel the assumption that the activation of the Directive is a positive step forward in addressing the Ukraine refugee incidence and challenge the presumed benefits of the Directive in terms of asylum solidarity. Second, the article seeks to explore how the detrimental effects of temporary protection can be mitigated both in the short and long term. It proposes possible solutions to prevent a regression in refugee protection standards through temporary protection and examines how a free choice model can be integrated to remedy some of the shortcomings of the current emergency management system.