The purpose of this essay is to explain the reasoning behind the European unions activation of the mass protection directive in 2022, how well these motivations apply to the migration crisis in 2015, and whether the theories poststructuralism, Marxist critical theory, and postcolonialism believe the differences legitimize the decision not to activate the directive in 2015. The method used is a discourse analysis based on operationalisation of the activation of the directive and the main ideas of each theory. The result indicates that the situation during 2015 did lack a few of the aspects taken into account in 2022. However, all three theories argue that these aspects could be evaluated and seen from different perspectives, and therefore did not necessarily legitimize the inaction of the EU in 2015.

On March 4, 2022, the Temporary Protection Directive (TPD) was activated as a response to a mass influx of Ukrainian refugees. The Directive was ratified by the EU member states already in 2001, following the events of the refugee crisis caused by the Kosovo conflict. Still, it remained unemployed until 2022, when Europe faced yet-another intra-regional conflict. The implementation of TPD has generated a heated academic debate regarding the Directive’s essence and the motivations behind its implementation. Varying from geopolitics to racism, many reasons have been provided when reasoning the Directive’s current implementation and previous non-implementation. This thesis studied the implementation through a critical migration theory lens, with the aim of locating economic motivations impacting the decision to activate the Directive. Therefore, by utilizing the question ‘How can the motivations for implementing the Temporary Protection Directive be understood in light of the Directive’s economic aspects?’ for this particular purpose, the thesis found that the economic aspects of the Directive come to the fore both in commodification as well as selectivity of migration policy. First, the TPD beneficiaries’ unique migration category is generated through its differentiation of legal rights in – and access to – the host country when compared to the refugee status and subsidiary protection. And second, the TPD has the ability to select and therefore target specific groups through its limited scope of protection to cover either a specific country or geographical area. In this way, the thesis contributed to the discussion regarding the logic behind the implementation of TPD.

The aim of the presented diploma thesis called "Temporary protection of aliens in international and european law" is to introduce the concept of temporary refuge and temporary protection and tackle the various legal questions related to these concepts, both on the level and from the perspective of international law and the law of the European union. The first part of the thesis presents some (mainly doctrinal and UNHCR) defintions of temporary protection and temporary refuge as well as the definition of the concept of temporary protection enshrined in the EU's Temporary Protection Directive as the latter one represents the only case of regional and binding harmonisation of the temporary protection. The following part of the thesis deals with the minimum content requirements of temporary protection in international law, i. e. such requirements that should in every case be an inherent part of every legal instrument resembling temporary protection. This part focuses mainly on the issue of personal and temporal scope of temporary protection, the concept of mass influx is analysed in this part of the thesis as well as temporary protection as a legal instrument is usually intended to serve as a response to the situation of mass influx. Presented thesis also deals with the questions related to the extent...

Since Russia's military invasion of Ukraine in 2022, the European Union (EU) has acted in a different and innovative manner. The cooperation has been united and expressed itself in new ways, such as activating the temporary protection directive, as well as making a historic decision to send lethal equipment to Ukraine. However, in previous refugee crises, the EU has acted upon the status quo and suffered from uneven distribution of responsibility between the member states. The absence of cooperation and the pursuit for a unified identity have challenged the European Union's motto of "United in diversity," thus prompting research to be conducted. This case study seeks to examine how the social constructivist perspective, with a collective approach, can contribute to an understanding of the EU, as a global actor. The aim is to shed light on motives and factors that may have influenced the decision-making of the European union. To achieve this, the study employs a methodological discourse analysis of public documents from diverse institutions, thus the primary source. The results reveal that the social constructivist perspective can visualise patterns in how the European union discusses the collective, depending on different occasions and who is granted legitimacy to do so. Additionally, the study advocates for further research from a social constructivist perspective and suggests the inclusion of rational choice institutionalism in future studies.

After the attack on Ukraine in 2022, the European Union member states have experienced a major migration wave. This gave the EU opportunity to activate the Temporary Protection Directive for the first time, a framework that was created due to the effects of the Yugoslavian civil war in 2001 and which gives refugees certain rights upon arrival in any EU member state. This is also valid in Sweden. However, Sweden has recently been subject to a change in government which pursues a more restrictive migration policy, and an increasingly harsh and discriminatory rhetoric against migrants. Despite this, Ukrainian migrants seem to be exempt from the negative rhetoric pursued by Swedish political parties. This study aims to review whether and how the Swedish parliament justifies this seemingly preferential treatment. The research adds to the discussion on refugees and migrants in Sweden, particularly to the debate on xenophobia and threat perceptions against migrants, by using the theory of “new racism” and the integrated threat theory. The study applies comparative critical discourse analysis on perceptions of refugees and migrants in general, and towards Ukrainian refugees in particular, as expressed in the Swedish parliament from 2015-2023. The data used were gathered from discussions, debates, and protocols on policy regarding migration and integration in the Swedish parliament. The findings showcase a difference in the discourse around Ukrainian refugees and other, where the discourse about Ukrainians is more positive. This has implications for other refugee and migrant groups in Sweden, and in other EU countries. The discourse conducted by the Swedish parliament can incite violent sentiments in the Swedish population and promote further segregation in society.

The Russian invasion of Ukraine in February 2022 has forced millions of Ukrainian citizens, especially women and children, to seek refuge in other countries, including Sweden. Given the large number of Ukrainian refugee children, it is of utmost importance that they have the possibility to continue their education abroad. In Sweden, Ukrainian refugees have access to education, a right provided by their status as asylum seekers under the Temporary Protection Directive. This thesis aims to explore the reception of Ukrainian refugee students into Swedish schools, by focusing on the communication and interactions between Swedish schools' personnel, classes' collectives, and Ukrainian refugee students and their families. The data used for this study were obtained through conducting five semi-structured interviews with two middle- and high-school teachers and three studiehandledare. The results show that, in general, Swedish schools, teachers, and studiehandledare make substantial efforts to facilitate the reception and integration of Ukrainian refugee pupils; at the same time, the classes' collectives were described as cordial and helpful. Despite the welcoming nature of Swedish schools and the safety that Sweden provides, the Ukrainian refugee pupils and their families struggle to find a sense of belonging, especially since the majority of Ukrainian refugees wish to return to Ukraine once the war is over. The belonging paradox experienced by Ukrainian refugees is, thus, characterised by their desire to express gratitude towards Sweden and, at the same time, being unable to get accustomed to the Swedish culture and education system while waiting to return home.