This study by the European Migration Network (EMN) covers the application of the Temporary Protection Directive 2001/55/EC (TPD) in 2023, shedding light on the challenges and good practices observed across 25 EMN Member Countries. This analysis offers insights into the handling of migration dynamics, particularly amidst the backdrop of Russia’s war of aggression against Ukraine.
Since Russia’s full-scale invasion of Ukraine in February 2022, which precipitated mass displacements from Ukraine into the EU and surrounding regions, the activation of the Temporary Protection Directive (TPD) has been a pivotal element of the EU’s unified response in coordinating responses to large-scale influxes, promoting solidarity and upholding fundamental human rights principles. Importantly, the TPD provided persons displaced from Ukraine with a legal status and associated rights. Given the continuation of Russia’s war of aggression against Ukraine, the Council’s decision to extend temporary protection until March 2026 has underscored the ongoing commitment to address the humanitarian fallout and ensure continued access to rights for those displaced by the war.
The study looks at whether EMN Member Countries implemented any changes in the application of the TPD in 2023 (as compared to 2022) and also aimed to identify continued challenges and good practices.
In navigating the registration processes, EMN Member Countries showcased diverse approaches. From automatic extensions to phased re-registrations, efforts were made to streamline operations. However, challenges persisted, ranging from eligibility determinations to accessibility barriers, particularly for individuals with limited digital literacy. Notably, while most countries facilitated pathways for beneficiaries to apply for residence permits, some exceptions highlighted differences in policy frameworks.
All EMN Member Countries reported that beneficiaries of temporary protection (BoTP) can also seek international protection, irrespective of whether or not they have already registered for or been provided temporary protection.
In most EMN Member Countries, beneficiaries of temporary protection can travel within the EU for short periods (up to 90 days within a 180-day period) without compromising their status or benefits. Nonetheless, such travel may impact social benefits potentially leading to their loss or suspension depending on the duration spent outside the beneficiary’s country of residence.
Access to rights outlined in the TPD, including accommodation, employment, healthcare, and education, remained paramount. While continuity in service provision was observed, linguistic disparities posed challenges. Accommodation shortages, especially in urban areas, highlighted the need for sustainable housing solutions. Similarly, initiatives to integrate beneficiaries into the labour market faced hurdles such as qualification recognition and language barriers, necessitating tailored support mechanisms.
Healthcare access continued to be assured, albeit hindered by linguistic barriers and capacity constraints. Educational endeavours aimed at integrating children into mainstream systems encountered logistical hurdles, notably due to space constraints in schools and language disparities. Despite these challenges, EMN Member Countries demonstrated resilience through initiatives like language support classes and supplementary programmes.
Vulnerable groups, predominantly women and children, warranted specialised attention given heightened risks of exploitation and trafficking. Identification and support mechanisms for unaccompanied minors and separated children faced logistical hurdles, emphasising the need for robust safeguarding measures.
See also:
The application of the Temporary Protection Directive: challenges and good practices for Ireland
