Europeanisation of Rules Granting Rights to Migrating Persons - Temporary Protection Regime in the Czech Republic and Actors Ensuring Implementation

Abstract

Purpose: The paper examines Europeanisation of rules granting rights to migrating persons. The temporary protection regime and both standard rules applicable in the Czech Republic and rules covering specifically migrants from Ukraine after the outbreak of war are studied in order to find the level of compliance with the 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. Methodology: Through comparative method the European rules and Czech legislation are studied. Further, the paper analyses the practice of regional offices that were vested with powers in application of the statutory laws and their interconnection with the state authorities responsible for unification of approach. More generally, the paper seeks to find the roles of different types of actors on regional, state and European level and their coordination. Expected findings: The level of harmonisation is not high and more coordination from the EU could be beneficial. Further, it is not certain why the state decided to enact special legal rules for refugees from Ukraine and why it passed the responsibilities for its implementation to regions. The regions often complain about the lack of definition of the competences of the state, regions, and municipalities and uncertainty of the emergency accommodation system regulation. Further, in order to provide better and more effective protection greater interconnection of individual information systems and sharing of this data with local governments would be beneficial. Academic contribution of the paper: The research shall contribute to administrative science by addressing the practical issues of distribution of roles to different levels – European, state and regional. The practical implementation in the field of migration policy will be studied and shortcomings should be identified.