The first activation of Directive 2001/55/EC. Between the restrictive limits of the scope of personal application and the merits of its model of interstate solidarity in the reception of displaced persons from Ukraine

Abstract

This study analyses the first activation of Directive 2001/55/EC, following the adoption of the Council Implementing Decision (EU) 2022/382, establishing the existence of a mass influx of displaced persons from Ukraine. The analysis places special emphasis on the two issues that have sparked considerable scientific debate: the scope of application of ratione personae, as well as the measures adopted in order to promote balanced efforts between Member States in receiving such persons and bearing the consequences thereof. They connect with issues related to interstate solidarity which, in this case is, surprisingly, at the expense of the free choice of displaced persons. In addition, the last section presents proposals to reform the Directive, included in the New Pact on Migration and Asylum, which will necessarily have to be reconsidered as a result of this experience.