Original scientific paper
https://doi.org/10.32984/gapzh.12.1.8
A Refugee Crisis at the Doorstep and a Neglected Solution. Three Misconceptions about the Temporary Protection Directive
Mario Krešić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The European Union has found a solution to the first refugee crisis by stopping a mass influx of people on its doorstep in Turkey, but such a solution could become questionable. Temporary protection is a neglected solution due to misconceptions about the Directive regulating this regime. The paper analyses three misconceptions about the Temporary Protection Directive: the misconception about subsumption, the misconception about the consequences, and the misconception about redundancy. The analysis will present the way of reasoning about the legal qualification of an emergency, the consequences of a legal institution and its importance concerning the relations between normative systems. Furthermore, the analysis will show how the attitude towards such possibilities of reasoning depends on different approaches to the problem such as the refugee crisis.
Keywords
temporary protection; subsumption; consequential rules; dualism; refugee crisis
Hrčak ID:
260601
URI
Publication date:
16.7.2021.
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