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Petr Ježek
Born in Prague in 1965. A graduate of Prague’s University of Economics, Petr Ježek joined his country’s Ministry of Foreign Affairs and served as a diplomat. For some ten years, he held relatively high posts related to the country’s ties with the EU, e.g. heading the Foreign Ministry’s European Integration Department and serving as Deputy State Secretary for European Affairs. He also worked as chief of staff of then Czech Prime Minister Vladimír Špidla. In 2014, Petr Ježek was elected Member of the European Parliament on the ballot of the ANO 2011 party.
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The European Commission on May 13, 2015, released its draft migration agenda which could have featured the tool of temporary protection as one of the proposed measures. However, the draft did not include this measure and instead, the project of mandatory relocation quotas has become the main instrument.
With this stance, the European Commission did not allow any debate on using this instrument which would have been ideal for dealing with the migration wave from Syria and other countries. Instead, the commission opted for the controversial and practically unviable approach based on mandatory relocation quotas (see the earlier failure of the Eurema pilot relocation project).
Temporary protection is a mechanism embedded in the 001/55/EC Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.
Under the terms of the directive, “temporary protection” means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection.
The directive applies to persons who have fled areas of armed conflict or endemic violence and those who are at serious risk of, or who have been the victims of systematic or generalized violations of their human rights.
The instrument is characterized by clear temporality of the duration of the protection (as it does not anticipate permanent resettlement), flexibility, voluntariness as well as procedural simplicity for the member states.
Activating “temporary protection”
The instrument of “temporary protection” is activated by a decision of European Council’s qualified majority that a mass influx of displaced persons is taking place, based on a proposal by the European Commission which shall also examine any request by a Member State that it submit a proposal to the Council.
The Council Decision shall have the effect of introducing temporary protection for the displaced persons to which it refers, in all the Member States, in accordance with the provisions of the directive.
The Decision shall include at least:
- - a description of the specific groups of persons to whom the temporary protection applies;
- - the date on which the temporary protection will take effect;
- - information received from Member States on their reception capacity;
- - information from the Commission, UNHCR and other relevant international organisations.
The European Parliament shall be informed of the Council decision.
Ending “temporary protection”
Temporary protection shall come to an end:
- - when the maximum duration has been reached; or
- - at any time, by Council Decision adopted by a qualified majority on a proposal from the Commission, which shall also examine any request by a Member State that it submit a proposal to the Council.
The Council Decision shall be based on the establishment of the fact that the situation in the country of origin is such as to permit the safe and durable return of those granted temporary protection. The European Parliament shall also be informed of the Council decision.