Temporary protection
With its Directive concerning temporary protection, the EU has created special rules through which immediate protection can be offered independently of the asylum process in the event of a mass influx of persons.
In the EU in the past, there have been mass influxes of displaced persons who have not been able to return to their homeland. These influxes always place a heavy burden on the national asylum systems. With the Directive on minimum standards for giving temporary protection, the EU has created special rules through which such persons can be offered immediate protection independently of the asylum process.
The aims of the Directive are:
- to create minimum social standards for persons who need temporary protection
- to create a mechanism of solidarity between the Member States to achieve a balanced distribution, and
- to allow a time-restricted residence status for those seeking protection.
The Council of the EU is responsible for determining that a mass influx has occurred. In response, the Member States will guarantee that persons in the specified group will receive a residence title in accordance with the provisions of the Directive. The protection ends on expiry of the maximum period of one year or in accordance with any other relevant resolution of the Council.
The Directive was transposed into German law with the entry into force of the Immigration Act on 1 January 2005.
