The (new) Commission’s approach on temporary protection and migration crisis

Although overlooked in the academic debate around the New Pact on Migration and Asylum so far, an important element of the “package” is the European Commission’s proposal for a regulation addressing situations of crisis and force majeure in the field of migration and asylum (COM(2020)613), repealing Directive 2001/55/EC. This contribution aims at showing its main pitfalls, the enclosed risks for the safety and integrity of displaced persons in case of mass influx onto the territory of the Member States, and reflects on the use of the content of subsidiary protection as a temporary instrument of emergency as well as on the precariousness that may be misleadingly associated with such status of international protection.