by the competent authorities of the Member State responsible. In carrying out
that examination, those authorities must verify not only that the applicant actually
sought assistance from UNRWA, and that the assistance has ceased but also that
the applicant is not caught by any of the grounds for exclusion laid down in Article
12(1)(b) or (2) and (3) of the directive.”365
2.2.7. The Temporary Protection Directive
In 2001, the European Council issued a Temporary Protection Directive
(2001/55/EC), the purpose of which is to provide a framework and minimum
standards for responses to the mass displacement of persons who are unable to
return to their country of origin.366 The Directive applies to displaced persons
already in Europe and contains provisions which permit the entry of displaced
persons into Europe: Article 2(d) refers to a spontaneous movement of a large
number of people from a particular country or region or an assisted evacuation into
Europe; and Article 8(3) observes that states should facilitate the entry of eligible
persons into their territory. UNHCR also issued guidelines on temporary protection
and stay in February 2014.367 In theory, the Temporary Protection Directive could
be used to benefit Palestinians, but it has never been activated for Palestinians or
any other group.368
2.3. Council of Europe
In June 2003, the Parliamentary Assembly of the Council of Europe adopted
Recommendation 1612 (2003) on the Situation of Palestinian Refugees, stating that:
The question of the legal status of Palestinian refugees outside the region
remains a point of concern. Yet, legal status is essential for the legal, social
and economic situation of persons in general, and Palestinian refugees are at
a clear disadvantage in this respect and must therefore be given a recognized
legal status. 369
365
Ibid., para. 76.
Council of the European Union, “Council Directive 2001/55/EC of 20 July 2001 on Minimum
Standards for Giving Temporary Protection in the Event of a Mass Influx of Displaced Persons and
on Measures Promoting a Balance of Efforts Between Member States in Receiving Such Persons
and Bearing the Consequences Thereof,” August 7, 2001, http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=OJ:L:2001:212:0012:0023:EN:PDF.
367
UNHCR, “Guidelines on Temporary Protection or Stay Arrangements,” February 2014, http://www.
refworld.org/pdfid/52fba2404.pdf.
368
Akram, “Temporary Protection Status and Its Applicability to the Palestinian Case.”
369
The Assembly also recommended the Committee of Ministers to, inter alia, instruct the appropriate
committee to examine the issues relating to the legal status of Palestinian refugees in Council of
Europe member states, and come up with concrete initiatives to ensure that all Palestinian persons
displaced from their homes of origin are provided with an appropriate legal status entitling them to
all basic socio-economic rights. Parliamentary Assembly of the Council of Europe, “Recommendation
1612 (2003): The Situation of Palestinian Refugees,” June 25, 2003, para. 9, http://assembly.coe.
int/Main.asp?link=/Documents/AdoptedText/ta03/EREC1612.htm.
366
The 1951 Refugee Convention and Article 1D
69
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