Waste of Paper or Useful Tool? The Potential of the Temporary Protection Directive in the Current “Refugee Crisis”

2017 ◽  
Vol 36 (2) ◽  
pp. 57-83 ◽  
Author(s):  
Danielle Gluns ◽  
Janna Wessels
Keyword(s):  
Refugee Crisis ◽  
Temporary Protection

Temporary Protection of Refugees: Elements of a Formalized Regime

2000 ◽  
Vol 94 (2) ◽  
pp. 279-306 ◽  
Author(s):  
Joan Fitzpatrick
Keyword(s):  
Forced Migration ◽  
Refugee Crisis ◽  
Temporary Protection ◽  
The Status

Temporary protection of refugees (TP) gained surprising prominence during the 1990s as a response to forced migration, at times seeming poised to displace the regime based on the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The unprecedented Humanitarian Evacuation Programme to airlift Kosovar refugees to temporary safety in European and more distant states exemplifies TP’s appeal and adaptability. The Kosovo experience, by restoring faith that some mass influxes are genuinely temporary, may reinvigorate enthusiasm for TP, which had flagged during the endgame to the Bosnian refugee crisis.

scholarly journals Identifying Victims of Human Trafficking at Hotspots by Focusing on People Smuggled to Europe

2017 ◽  
Vol 5 (2) ◽  
pp. 69-80 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
European Commission ◽  
Human Trafficking ◽  
Refugee Crisis ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Temporary Protection ◽  
Migrant Smuggling ◽  
Police Forces

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

Syrian youth in Turkey: gender and problems outside the refugee camps

2019 ◽  
pp. 143-162
Author(s):  
Elif Gökçearslan Çifci ◽  
Dilek Kurnaz
Keyword(s):  
Birth Control ◽  
Refugee Camps ◽  
Refugee Crisis ◽  
Young Population ◽  
Vulnerable Group ◽  
Single Parenting ◽  
Temporary Protection ◽  
The Family ◽  
Heavy Burden

There are 2,841,036 Syrians currently hosted under the temporary protection regime in Turkey. As of January 2017, males accounted 519,029 (18.26%) of the population aged from 19 to 34, while females numbered 407,358 (14.33%) of the same population in Turkey, where the total number of the population aged from 19 to 34 is 926,387(32.60%). Women are the most vulnerable group among the young population who have to deal with issues related to unemployment, single parenting, high number of childbirths as a result of the lack of birth control, abuse-negligence and polygamy in both source and destination countries. They carry a heavy burden as they cannot free themselves from socially accepted values in Turkey. This chapter examines the challenges introduced by the refugee crisis especially for women, and presentsthe challenges faced by Syrian youth while enroute to Turkey and as temporary residents in Turkey. Following the interviews conducted with women, it has been established that majority of them were not able to enter the paid workforce, and could only survive by either marrying or making one of their children enter the workforce who eventually becomes the breadwinner of the family.

scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

The Syrian refugee crisis: The EU-Turkey ‘deal’ and temporary protection

2016 ◽  
Vol 16 (3) ◽  
pp. 315-320 ◽  
Author(s):  
Kim Rygiel ◽  
Feyzi Baban ◽  
Suzan Ilcan
Keyword(s):  
Refugee Crisis ◽  
Syrian Refugee ◽  
Temporary Protection ◽  
Syrian Refugee Crisis ◽  
The Eu

scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

Vulnerability leading to mobility: Syrians’ exodus from Turkey

2015 ◽  
Vol 12 (3) ◽  
pp. 251-262 ◽  
Author(s):  
N. Aslı Şirin Öner ◽  
Deniz Genç
Keyword(s):  
Present Article ◽  
Asylum Seekers ◽  
Human Mobility ◽  
European Countries ◽  
Syrian Refugees ◽  
Refugee Crisis ◽  
International Protection ◽  
Crucial Element ◽  
Syrian Crisis ◽  
Temporary Protection

Turkey has been a stage for human mobility for many years, yet it did not have a comprehensive migration and asylum regime until recently. Being the worst refugee crisis of the last decades, the Syrian crisis actually had an impact on developing such a regime of which the Law on Foreigners and International Protection (LFIP) is a crucial element. The LFIP provides temporary protection to the Syrians in Turkey. However, it is recently observed that more and more Syrians are leaving the country. Examining their exodus, the present article is seeking answers to the question of “Why are the Syrians desperately trying to leave Turkey?” Two arguments are put forth in the article. First, Turkey’s new migration and asylum regime has not been able to decrease the refugees’ vulnerability because of its “expectation of temporariness”. Secondly, it is argued that Turkey’s “new asylum regime” is in fact “not that new” due to the fact that asylum-seekers coming from non-European countries have been provided a de facto temporary protection. The article reveals that the Syrian refugees are vulnerable in many fields mainly because they are subject to a protection regime marked by temporariness. As the regime is putting them in limbo, they are leaving Turkey. Turkey’s new asylum regime appears not that new after all.

Wspólnotowy wymiar polityki imigracyjnej Unii Europejskiej w obliczu wyzwań związanych ze zwiększonym napływem imigrantów w 2015 r.

2017 ◽  
pp. 82-107
Author(s):  
Michał Skorzycki
Keyword(s):  
Immigration Policy ◽  
Refugee Crisis ◽  
Member States ◽  
European Immigration ◽  
New System ◽  
Selection Of ◽  
The Eu ◽  
Crisis Situations

The article comprises the overview of the essential legal, administrative and financial means that the EU has at its disposal in case of rapid influx of immigrants, as well as a selection of major obstacles to the use of these tools, based on observation of the activities of the EU and its member states taken up to deal with the aforementioned situation which took place in 2015. Using the abovementioned observation and an analysis of relevant documents, it is argued that the refugee crisis of 2015 has revealed the necessity of a profound institutionalisation of the European immigration policy as the most effective way to overcome difficulties in response to such situations. The analysis leads also to the conclusion that the EU is caught in a dilemma of either suspending the Dublin system in crisis situations or creating a new system of intensive support for border member states.

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