The legal bases of the european area of freedom, security and justice in extraordinary cases of massive inflow of displaced persons

  • Francisco Javier Donaire Villa University Carlos III of Madrid, Spain
DOI: https://doi.org/10.18543/ced.3247
Keywords: temporary protection, displaced persons, area of freedom, security and justice, EU primary law

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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Author Biography

Francisco Javier Donaire Villa, University Carlos III of Madrid, Spain

Associate Professor of Constitutional Law (with National Habilitation) at the Universidad Carlos III de Madrid, ANECA Accredited as University Professor, and practising Lawyer. Former Vice-Dean of the Faculty of Social and Legal Sciences at the Universidad Carlos III de Madrid. Author of more than a hundred scientific publications (including books, journal articles, book chapters and translations of legal books and constitutional judgments from Germany and Italy). He currently is the Director of the National R&D Project ‘The Area of Freedom, Security and Justice in Uncertain Times: Future and Legal Challenges’, and was Co-PI of the National R&D Project ‘Future and Legal Challenges of the European Economic and Monetary Union’. Winner of 4 Research Prizes and Awards: 2nd Prize in the Financial Studies Prize for Constitutional and Administrative Law 2009, Art and Law Prize 2011 (co-authored), Eduardo García de Enterría Prize for European Legal Studies 2019, and Accesit of the Financial Studies Prize for Constitutional and Administrative Law 2024 (co-authored). Jury member in three editions of the Prize of Studies in Management and Public Administration (Junta de Extremadura, Consejería de Presidencia). He has been Professor at the Diplomatic School of the Spanish Ministry of Foreign Affairs and visiting Professor of Doctorate and Master's Degrees at the University of Baja California and at the National Human Rights Commission (Mexico, in both cases), at the Pontifical Catholic University of Peru, at the Universidade Federal do Pará (Brazil) and at the Universidad Nacional Autónoma Gabriel René Moreno (Bolivia). He has been a Master Theses Tutor in the Master's Degree in Constitutional Law at the Menéndez Pelayo International University and the Centre for Political and Constitutional Studies, and a speaker at several editions of the Summer Courses at the University of the Basque Country and at the Cross-border Conferences at the Université de Pau et Pays d'Adour (France). He has carried out research stays at the Université Libre de Bruxelles (Belgium) and at the Scuola Universitaria Superiore Sant'Anna Pisa (Italy).

Published
2025-03-28
How to Cite
Donaire Villa, Francisco Javier. 2025. “The Legal Bases of the European Area of Freedom, Security and Justice in Extraordinary Cases of Massive Inflow of Displaced Persons”. Deusto Journal of European Studies, no. 72 (March), 29-71. https://doi.org/10.18543/ced.3247.
Issue
No. 72 (2025): Primera activación de la Directiva de protección temporal: Ucrania
Section
Articles

 

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