The Eternal Question: What Does "Mass Influx" Really Mean? Reflections After the First Activation of the Temporary Protection Directive 2011/55

Abstract

The unprecedented activation of Directive 2001/55 (TPD) has reopened the debate on the real meaning of mass influx, especially as its aim is to provide protection when human mobility on a large scale occurs. The interest in defining this phenomenon as precisely as possible, in terms of when exile is deemed to be occurring on a huge scale, is nothing new; it is a concern that is consubstantial to the adoption of the legal norm. The aim of this scholarly interest in the subject has changed over time. In the historical context of the adoption of the Directive, research on mass influx coalesced around concern that the temporary protection scheme could be used to the detriment of international obligationsof asylum. A definition of “mass” that was too flexible could lead to the application of an instrument that implied temporary suspension of the right to asylum. The application of temporary protection was welcome, provided it was used only in exceptional cases. Some of us were concerned about the arbitrary use of the procedure, and we sought legal instruments that would enable this discretionary aspect to be controlled.