Waste of paper or useful tool? The potential of the temporary protection directive in the current "Refugee crisis"

Gluns, D; Wessels, J

Waste of paper or useful tool? The potential of the temporary protection directive in the current "Refugee crisis"

Gluns, D Wessels, J

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Publication Type:: Journal Article
Citation:: Refugee Survey Quarterly, 2017, 36 (2), pp. 57 - 83
Issue Date:: 2017-06-01

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Field	Value	Language
dc.contributor.author	Gluns, D	en_US
dc.contributor.author	Wessels, J	en_US
dc.date.issued	2017-06-01	en_US
dc.identifier.citation	Refugee Survey Quarterly, 2017, 36 (2), pp. 57 - 83	en_US
dc.identifier.issn	1020-4067	en_US
dc.identifier.uri	http://hdl.handle.net/10453/126130
dc.description.abstract	© The Author 2017. The Council Directive 2001/55/EC on temporary protection in the event of a "mass influx" of displaced persons provides for a mechanism that shall lead to collaborative efforts of the European Union Member States in dealing with persons seeking protection in Europe. In spite of the current "refugee crisis", not even those Member States which have admitted the largest numbers of persons, such as Germany, have made any attempts to trigger this Directive. The article first assesses the applicability of the Directive with respect to the surge in arrivals in 2015, and then analyses the reasons for its non-application on the basis of rational choice theory. It concludes that the benefits resulting from an application of the Directive are minimal while transaction costs to reach agreement in the Council are high. Thus, those countries affected by "mass influx" lack the incentives for triggering its mechanisms, and the Directive can be considered a failed instrument.	en_US
dc.relation.ispartof	Refugee Survey Quarterly	en_US
dc.relation.isbasedon	10.1093/rsq/hdx001	en_US
dc.subject.classification	Strategic, Defence & Security Studies	en_US
dc.title	Waste of paper or useful tool? The potential of the temporary protection directive in the current "Refugee crisis"	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	36	en_US
utslib.for	1699 Other Studies in Human Society	en_US
utslib.for	1801 Law	en_US
utslib.for	2201 Applied Ethics	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.issue	2	en_US
pubs.publication-status	Published	en_US
pubs.volume	36	en_US

Abstract:

© The Author 2017. The Council Directive 2001/55/EC on temporary protection in the event of a "mass influx" of displaced persons provides for a mechanism that shall lead to collaborative efforts of the European Union Member States in dealing with persons seeking protection in Europe. In spite of the current "refugee crisis", not even those Member States which have admitted the largest numbers of persons, such as Germany, have made any attempts to trigger this Directive. The article first assesses the applicability of the Directive with respect to the surge in arrivals in 2015, and then analyses the reasons for its non-application on the basis of rational choice theory. It concludes that the benefits resulting from an application of the Directive are minimal while transaction costs to reach agreement in the Council are high. Thus, those countries affected by "mass influx" lack the incentives for triggering its mechanisms, and the Directive can be considered a failed instrument.

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http://hdl.handle.net/10453/126130