International and temporary protection in EU law: legal frameworks and challenges of practical implementation

Abstract

The article analyzes the legal foundations for the protection of refugees and internally displaced persons (IDPs) within the context of the European Union (EU) and Ukraine. The focus is on international and European legal instruments that regulate refugee status and provide temporary protection to individuals affected by armed conflicts. The article particularly examines the EU’s Temporary Protection Directive (2001/55/EC) and the Qualification Directive (2011/95/EU) and the Asylum Procedures Directive (2013/32/EU), which harmonize refugee protection across Member States and ensure consistency in asylum procedures establishing legal frameworks for granting protection to those fleeing war, especially in the context of russia’s aggression against Ukraine.

The urgency of this article is highlighted by the war in Ukraine, which has led to unprecedented displacement in Europe, testing the capacities of EU Member States and exposing both strengths and gaps in existing legal frameworks. The paper also addresses the evolving nature of international refugee protection and its alignment with human rights doctrines, offering a comprehensive analysis of how international and regional legal standards interact in practice.

This article explores how international frameworks for refugee protection, particularly the 1951 Refugee Convention and its 1967 Protocol, have been incorporated into the European Union’s legal system. These international instruments define the rights of refugees and the obligations of states, especially regarding the principle of non-refoulement, which prohibits the return of individuals to countries where their lives or freedom may be at risk. In the EU, these frameworks are primarily integrated through the Common European Asylum System (CEAS) and it’s key component - the Qualification Directive (2011/95/EU), which aligns EU law with international standards on refugee protection.

The study emphasizes the importance of procedural safeguards, including fair and transparent asylum processes and special protections for vulnerable groups. In addition, the EU’s Temporary Protection Directive (2001/55/EC) plays a key role in addressing mass displacement, offering immediate protection in situations of crisis. This directive was activated for the first time in 2022 in response to the war in Ukraine, providing a coordinated EU-wide approach to managing the influx of displaced Ukrainians and preventing the collapse of national asylum systems.

The article also discusses the legal challenges and issues that the EU and Ukraine face in providing protection and support to refugees and IDPs. The research underscores the importance of coordination between the EU and Ukraine’s legal systems to ensure proper protection for asylum seekers. An essential aspect is the harmonization of approaches and the improvement of the effectiveness of legal mechanisms in response to current global migration challenges. The findings emphasize the need for continued legal collaboration between the parties to create a more comprehensive and consistent system for refugee protection.