Measuring the Legal Implementation of the EU’s Temporary Protection Directive for Displaced Persons from Ukraine: Convergence and Divergence Across 32 European Countries

Author(s) : Henriet Baas, Martin Ruhs, Siegfried Manschein, Hugo Bourrousse

Source : https://cadmus.eui.eu/server/api/core/bitstreams/891da2cd-54de-4f2f-8b33-1562f5b17a13/content

Abstract:

Following the Russian invasion of Ukraine in February 2022 EU Member States swiftly activated the
EU’s Temporary Protection Directive 2001/55/EC (TPD). While the activation of this Directive clearly
represented a strong common EU response to a major new challenge of protecting fleeing non-
EU nationals, we know relatively little about its implementation across European countries. Given
the increasing politicisation and well-known divergences in the legal implementation of the EU’s
asylum and refugee protection policies at national levels, it is important to ask and analyse potential
variations in the protections granted under the TPD, both across EU Member states and over time.
This working paper examines the variations in protection granted under the TPD to persons fleeing
the war in Ukraine, using newly developed “Ukraine Temporary Protection Indicators” (UTPI), across
32 European countries in four dimensions: access to temporary protection (TP) status; substantive
socio-economic rights granted to TP beneficiaries; free movement rights within Europe; and
opportunities to transfer to asylum and other statuses.