Making EU refugee policy in 2001, applying it in 2022: Directive 2001/55/EC and its use in 2022

Abstract

The Ukraine crisis brings European Union (EU) refugee policy into the spotlight. Temporary protection for Ukrainian refugees was granted under Directive 2001/55/EC—a directive that had never been applied until 2022. This article seeks to explain why a directive that had not been used for 20 years was now applied. Our argument rests on liberal intergovernmentalism: Conflicts between countries with high and low migration pressure dominated negotiations in the Council of Ministers. These intergovernmental conflicts were not solved but built into the wording of the Directive. Each attempt to apply the Directive triggered a new round of intergovernmental conflict. However, in the Ukraine crisis, the cost–benefit calculation of the countries that had hitherto opposed application of the Directive changed, because they received most of the refugees. Hence, a policy window opened, and the Commission could use old ‘dormant’ legislation to further integration.