Abstract:
Since the Treaty of Amsterdam has come into effect in 1999, the European Community has the competence to issue legally binding instruments with regard to refugees and other migrants. The presentation deals with mass influxes into the European Union. Recent examples that directly affected the European Union Member States are the refugee movements gener-ated by the conflicts of the 90´s in the former Yugoslavia. The EU Member States refused access to their asylum systems and introduced different forms of temporally limited protec-tion. On the basis of the new EEC contract they have created a new instrument for a co-ordinated procedure with respect to future situations of mass influx, laid down in the Directive 2001/55/EC of 20 July 2001 “on minimum standards for giving temporary protection in the event of a mass influx”.
After an introduction to the factual context and a historical survey on various legal approaches, the investigation outlines the relevant framework of international law. Then, the requirements of the law of the European Union and the political guidelines of Communitariza-tion in the field of refugee protection and migration control are dealt with. Here, the analysis focuses on the Directive 2001/55/EG mentioned above. The temporary protection regime es-tablished is placed in the context of the existing general migration regime of the Union. Finally it is examined to what extent protection interests of mass refugees that are acknowledged by international or EU-law can be given effect in practice.
European Union co-operation shifts the conflict between migration control and refugee pro-tection from the so far essentially unilateral approach to the level of close multilateral co-operation. A community of receiving states becomes a further actor in the traditional network of relations between migrant, receiving state and state of origin. It is the concern of this ex-amination to name conflicting aims and, through an extensive interpretation of the relevant provisions in international law, to point out ways, by which a protection-oriented “correction” of the migration and refugee regime of the European union can be reached.