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Unpacking the crisis regulation : a valuable addition to the European legal framework governing mass influx situations?
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1028-3625
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EUI; RSC; Working Paper; 2024/40; Migration Policy Centre
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INELI CIGER, Meltem, Unpacking the crisis regulation : a valuable addition to the European legal framework governing mass influx situations?, EUI, RSC, Working Paper, 2024/40, Migration Policy Centre - https://hdl.handle.net/1814/77282
Abstract
The European Union (EU) has been seeking new legal tools to manage the arrival of a mass influx of displaced persons. The Regulation 2024/1359 of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum (Crisis Regulation) introduces a new approach. The Crisis Regulation enables the Member States to derogate from certain EU instruments in the field of asylum and migration to address situations of crisis which are characterised as exceptional mass influx situations. This paper investigates whether the recently adopted Crisis Regulation will offer a valuable addition to the EU’s legal instruments for mass influx governance with a comparative analysis of the frameworks established by the Temporary Protection Directive and the Crisis Regulation. While the Temporary Protection Directive has received extensive academic scrutiny, particularly in the context of Ukrainian displacement, the Crisis Regulation remains relatively unexplored. This paper seeks to contribute to the literature by offering a critical legal analysis of the Crisis Regulation, specifically focusing on its derogation regime designed for exceptional mass influx situations. By comparing the Crisis Regulation to the Temporary Protection Directive, the paper examines the Regulation’s potential to alleviate the burden on Member States and safeguard the fundamental rights of persons seeking refuge in mass influx situations.