The legal bases of the european area of freedom, security and justice in extraordinary cases of massive inflow of displaced persons
Abstract
This article studies the legal bases of the European Union’s primary law on the temporary protection of third-country nationals in mass influxes. It discusses the emergence of these legal bases, which did not exist when the Community Treaties were first drafted, the persistence of their non-existence after the Single European Act, despite the fact that it redefined the Common Market as an internal market without internal frontiers for the movement of persons, the impasse in this respect created by the Maastricht Treaty, and the first appearance of such legal bases under the Treaty of Amsterdam. This is followed by a detailed characterisation of these legal bases in the Treaty on the Functioning of the Union, mainly in Article 78(2) and (3) of the Treaty (including its jurisprudential interpretation by the Court of Justice), as well as the further harmonising development with respect to that existing with the Temporary Protection Directive, and even with that arising from the new Regulation on Crisis Situations derived from the New Pact on Migration and Asylum, which these same legal bases would allow.
Received: 17 December 2024
Accepted: 15 January 2025
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Last update: 26/10/2026
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