Judgment_paragraph 83 · P and Others v Staatssecretaris van Justitie en Veiligheid (C-244/24)

83Under Article 5 of Directive 2001/55, the existence of a mass influx of displaced persons is established by a Council Decision adopted by a qualified majority on a proposal from the Commission. That decision is based, inter alia, on an examination of the situation and the scale of the movements of displaced persons and on an assessment of the advisability of establishing temporary protection, taking into account the potential for emergency aid and action on the ground or the inadequacy of such measures. That decision results in the implementation of temporary protection in all the Member States bound by Directive 2001/55 in respect of the specific groups of persons described in that decision, from the date laid down therein (‘mandatory temporary protection’).

P and Others v Staatssecretaris van Justitie en Veiligheid (C-244/24)

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