Temporary Protection Directive of 2001

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About Temporary Protection Directive (TPD)-2001–

• It is a 2001 European Union directive providing for immediate, temporary protection for displaced people from non-EU countries and those unable to return to their country of origin.
• It was first drafted in 2001 in response to the high number of refugees entering Europe as a result of the Yugoslav Wars.
• When invoked, it requires EU member states to accept refugees as allocated based on their capacity to host them, following a principle of solidarity and a “balance of efforts” among member states.
• The directive applies when there is a risk that the standard asylum system is struggling to cope with demand stemming from a mass influx risking a negative impact on the processing of claims.
• Article 1 of Council Directive 2001 underlines that the purpose of the Directive is to both “establish minimum standards for giving temporary protection” to displaced persons as well as to “promote a balance of effort between Member States in receiving and bearing the consequences of receiving such persons”.
• According to the European Commission, the TPD foresees harmonized rights for the beneficiaries of temporary protection, which include:
  • A residence permit for the duration of the protection (which can last from 1-3 years).
  • Appropriate information on temporary protection.
  • Access to employment, accommodation or housing, social welfare or means of subsistence, medical treatment, education for minors. etc
  • Opportunities for families to reunite in certain circumstances, and
  • Guarantees for access to the normal asylum procedure.
• The TPD also contains provisions for the return of displaced persons to their country of origin, unless they have committed serious crimes or they pose a threat to security from the benefit of temporary protection.
• The war in Ukraine is the first time that the EU has invoked the TPD. 

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