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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