The prospect of temporary protection reform in the light of the Ukrainian refugee crisis

Abstract

This chapter analyses the Temporary Protection Directive’s application and its reform prospects. The process of the Directive’s implementation is marked by significant legal innovations, most notably the principle of “ free choice” for the temporary protection beneficiaries. The rules of the Regulation intended to replace the Directive are also analysed, and the provisions of the two instruments are compared. The chapter concludes that the reform initiated before the war needs to consider the experiences generated by the Ukrainian refugee crisis and the resulting pragmatic legal solutions should be included in an amended proposal for the Regulation.