The war in Ukraine has brought about an unprecedented change in the way the European Union addresses migration-related issues. Following the invasion of Ukraine by Russian forces, the Council of the European Union adopted an implementing Decision establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Council Directive 2001/55/EC and so activating its temporary protection mechanism for the first time. While the Directive's provisions reflect the founding principles of the European Union, the specific vulnerabilities of international migrants require suitable social provisions to afford them a standard of living as appropriate to their health and well-being for the duration of the protection provided by the Directive. The purpose of this article is to discuss the nature of the challenges arising from this first application of the temporary protection directive, the impact of these challenges on the Directive's efficacy and on the extension of the protection for the displaced persons covered by it. It argues, first, that the joint interpretation of the Directive and the Council Decision significantly limits the personal scope of the protection, leaving some categories of migrants behind. The paper then goes on to examine the substance of the Directive and suggests that the broad interpretation of its social protection provisions reveals new difficulties as regards the financing of this protection and its sustainability.

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Vienna, language: English, abstract: The development of modern world is impossible to imagine without processes of migration of the population. Migration crisis, which began in the EU states in April 2015 in connection with uncontrolled flow of refugees and migrants from zones of armed conflicts in middle East as well as in number of African and Asian states with unfavorable socio-economic conditions caused extremely negative effect on the internal political situation and the perspectives of the development of both individual Member States of the EU and European community as a whole. Being one of globalization process manifestation, migration in large causes positive influence on social, economic and political development of states, contributes to integration of integration of international community , cultural convergence of peoples, development of productive forces. However, if migration processes have uncontrolled character, the level of state security is significantly reducing. Especially it has to be considered in the present period when global community faces terrorist threats and violence. The relevance of my master thesis is stipulated by exacerbation of illegal immigration problem due to widening of the EU in recent times, which entailed improvement of national legislations and the European Law in this field. Thus, there is a necessity of the analysis of the EU law application experience in sphere of tackling the illegal migration.

Delegating Responsibility explores the politics of migration in the European Union and explains how the EU responded to the 2015–17 refugee crisis. Based on 86 interviews and fieldwork in Greece and Italy, Nicholas R. Micinski proposes a new theory of international cooperation on international migration. States approach migration policies in many ways—such as coordination, collaboration, subcontracting, and unilateralism—but which policy they choose is based on capacity and on credible partners on the ground. Micinski traces the fifty-year evolution of EU migration management, like border security and asylum policies, and shows how EU officials used “crises” as political leverage to further Europeanize migration governance. In two in-depth case studies, he explains how Italy and Greece responded to the most recent refugee crisis. He concludes with a discussion of policy recommendations regarding contemporary as well as long-term aspirations for migration management in the EU.

In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.

This first open access book in a series of three volumes provides an in-depth analysis of social protection policies that EU Member States make accessible to resident nationals, non-resident nationals and non-national residents. In doing so, it discusses different scenarios in which the interplay between nationality and residence could lead to inequalities of access to welfare. Each chapter maps the eligibility conditions for accessing social benefits, by paying particular attention to the social entitlements that migrants can claim in host countries and/or export from home countries. The book also identifies and compares recent trends of access to welfare entitlements across five policy areas: health care, unemployment, family benefits, pensions, and guaranteed minimum resources. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.

This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.