Il fenomeno migratorio oltre l’ordinario: riflessioni sulla proposta della Commissione circa un solido sistema di preparazione e di risposta alle crisi e a situazioni di forza maggiore

Abstract

The proposal for a regulation addressing situations of crisis and force majeure in the field of migration and asylum represents one of the new acts proposed by the Commission in the New Pact on Migration and Asylum. Starting from a brief analysis of the current Directive 2001/55/EC on temporary protection, the article focuses on the new proposal as an attempt, read in conjunction with the Recommendation (EU) 2020/1366 on an EU mechanism for preparedness and management of crises related to migration, to systematize the response to exceptional situations. While the proposal features a number of positive and innovative elements, at the same time some critical points and uncertainties remain with regard to the scope of application and the opportunity to invoke the envisaged mechanisms of solidarity