International protection beyond the Refugee Convention – An analysis of temporary and subsidiary protection in the EU and the Republic of Serbia

This article explores the discretionary application of temporary and subsidiary protection mechanisms in the European Union and the Republic of Serbia, set against the backdrop of intensifying global migratory flows. The analysis uncovers a pronounced selectivity in the approach to international protection, which is primarily shaped by political and security considerations. This is most evident in the divergent treatment: the automatic and selective granting of temporary protection is sharply contrasted with the individualized assessment required under regular asylum procedures, despite both situations involving mass influxes of refugees. Through a comparative examination of the EU and Serbian legal frameworks, the paper evaluates the key legal challenges and the scope of political discretion in safeguarding refugee rights. This inherent inconsistency calls into question the coherence of international refugee and human rights law, underscoring the urgent need for harmonized regional responses. By identifying legal inconsistencies, the ultimate goal of this paper is to formulate possible recommendations for future improvements and greater legal consistency in protection mechanisms.