Temporary Protection Directive Research Articles

Utilizing Eurocentric Temporary Protection Directive as a Global Approach of Refugee Protection

The temporary protection directive is one of the noblest mechanisms of the European refugee protection regime. The European Union has designed it following the principle of temporary protection and non-refoulement of international refugee law. The United Nations Refugee Convention is the institutional root of these principles. In 2001, the EU has adopted the directive to improve its refugee protection mechanism. But they have never activated the directive until the current Ukrainian refugee crisis. This has remained as a piece of paper or unnecessary tool for the European countries. Their reluctance towards activating the directive seems to be hegemonic and political to some extent. Though they had all the grounds for activating the directive during the Syrian, Afghan or Tunisian refugee crisis, they did not choose to activate it. The paper doesn’t oppose the activation of TPD for Ukrainian refugees. It only explores and discusses the dualist role of the EU in activating TPD. The paper is also asking for its universal application for any refugees irrespective of their origin and the EU’s geopolitical interest. Lastly, it solicits for the utilization of the ‘doctrine of temporary refuge’ across the countries in the best possible manner considering the example of EU’s TPD.

Limiting Social Assistance under the EU Temporary Protection Directive to Displaced Persons Working Remotely for the Public Administration of Their Country of Origin

This research focuses on the legal situation of displaced persons who benefit from Directive 2001/55/EC regulating the EU temporary protection mechanism. This law can be activated in the case of mass influx of persons in need of international protection. A displaced person (unlike a refugee) can work remotely for the authorities of their country of origin, although this should be verified individually. Thanks to this, the financial benefits from this type of work can be taken into account by the country of residence of the displaced person when determining the level of social assistance granted to that person under Directive 2001/55/EC.

How Social Networks Shape Refugee Movements in Wartime: Evidence from the Russian Attack on Ukraine

This article analyzes the key factors guiding the destination choice of Ukrainian refugees in the EU between March and December 2022 in the framework of the activation of the Temporary Protection Directive. To this end, it specifies a migration model, computed for the whole period and two subperiods (March–May and June–December), that captures the influence of social networks. Furthermore, our migration model makes a distinction for the first time between prewar migrant communities and the new social networks that are emerging in wartime circumstances. The estimation of the model, using the Poisson Pseudo-Maximum Likelihood estimator by Santos Silva and Tenreyro (2006), confirmed the importance of both types of social networks in explaining refugees’ choice of destination. The results also revealed that some economic variables (expected earnings and the size of the informal sector) influenced the location choice of refugees since the outbreak of the war, while other socioeconomic and political factors (risk of social exclusion, anti-immigration sentiment, and rule of law) only did so after a few months, when it became increasingly self-evident that the war was going on for a long time.

From policy to practice: What factors influence GP's provision of health assessments to Ukrainian refugees in Denmark?

Abstract Denmark has received over 30,000 displaced people from Ukraine since February 2022 and has implemented certain accommodations specific for this population. Not bound by the EU Temporary Protection Directive, a special Act has been introduced, whereby Ukrainians have been offered streamlined access to temporary resident permits with faster access to health services than what is granted in the asylum-seeking population, for whom parallel systems often exist to provide care. While other refugee groups receive health screenings in the asylum centers during the asylum process, Ukrainian have received quick access to general practitioners (GP's) in the public system. Danish health authorities have recommended that GPs provide a detailed examination of chronic diseases, vaccination status, infectious diseases, and mental health for Ukrainian refugees. Provision of this recommendation is necessary to meet the health needs of Ukrainian refugees. However, how these recommendations have been received and implemented remains unknown. We will present results from a survey sent to 3000 general practitioners in Denmark (expected response rate 30%) investigating how GPs implement the health assessment recommendations and what factors influenced the provision (or not) of health assessment to newly arrived Ukrainian refugees. The survey, which has been developed after conducting a review of the guidelines and conducting interviews with GPs and refugees (n = 11), examines knowledge of the health recommendations; implementation of guidelines; structural (i.e. time, interpretation) and individual factors (i.e. experience with war exposed patients) affecting health assessments and care; and cooperation among different parts of the health system. This presentation will shed light on how, in the context of large numbers of refugees entering EU countries, health policies are translated to practice and what factors affect the provision of adequate care for Ukrainian refugees in Denmark.

Forced Migration from Ukraine during the Russian-Ukrainian War: impact on the EU and Ukraine

The full-scale invasion of Russia into Ukraine on February 24, 2022, which was accompanied by the violation of humanitarian law and the demolition of civilian infrastructure, has led to the emergence of forced migration. Millions of people left the country within a short period. On March 4, the EU Temporary Protection Directive was reactivated in response to the unprecedented flow of migrants from Ukraine. EU countries have opened their borders to migrants from Ukraine, providing them with shelter and assistance. Poland and its neighbouring states, such as Romania, Moldova, Hungary, as well as the Czech Republic, Slovakia, Germany, Austria, received the highest quantity of migrants. The wave of migration has had a noticeable influence on the functioning of labour markets and employment, even in those regions of Ukraine which have not been exposed to military activity. Comprehensive studies show that external migration, among other factors, will significantly affect the demographic situation in Ukraine due to the increase in the number of people who do not plan to return from abroad. A key factor in the crisis is the fact that the majority of these people is youth of employable age and children. Besides, educational migration from Ukraine to EU countries has also increased significantly. The influx of immigrants who have established themselves in the nations of the European Union have significantly impacted the labour markets of these countries, putting a considerable strain on the public funds of the host countries. The question of Ukrainian immigrants’ ability to engage in activities such as schooling (including access to educational opportunities for children), employment, residence, and healthcare in both the immediate and long-term future is coming to the fore. Ukrainian and international scholars alike have done numerous studies on external migration from Ukraine; nonetheless, the forced migration resulting from the full-scale military invasion of Ukraine has yet to be adequately examined. Subsequently, the article is intended to examine the displacement circumstances in Ukraine and the EU and to evaluate the consequence of compulsory external migration in Ukraine and the EU.

What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter.

Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection.

Temporary Protection in Times of Crisis: The European Union, Canada, and the Invasion of Ukraine

<p>The Russian invasion of Ukraine in February 2022 triggered a major displacement crisis. In an unprecedented move, the European Union activated the 2001 Temporary Protection Directive to give those fleeing the conflict temporary protection, marking the first use of the directive in 20 years. Meanwhile, Canada announced its readiness to accept an unlimited number of Ukrainians and launched the Canada–Ukraine Authorization of Emergency Travel to fast-track their arrival. This article compares the policy responses of the EU and Canada to the crisis in Ukraine, focusing on the two temporary protection schemes and differentiating between their overarching goals, policy instruments, and settings. While the policies may seem similar at first, we show that a closer examination reveals underlying disparities, contradictions, and complexities, particularly when analyzing the precise policy instruments and settings. Considering that contemporary policy trajectories are informed by the past, we suggest that while the two programs build on the respective regions’ historical and political contexts, crises also create opportunities for change, raising questions about the future direction of immigration policy in both regions.</p>

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?

THE EUROPEAN LABOUR MARKET IN THE WAKE OF THE NEW REFUGEE CRISIS

Russia’s aggression against Ukraine has led to a humanitarian crisis in Europe unprecedented since the Second World War. After nearly a year, more than 8 million Ukrainian refugees were recorded in Europe, of whom more than 4.8 million were registered under the EU’s Temporary Protection Directive (TPD) or similar national protection programmes. The study provides an empirical characteristics of the scale and structure of the refugee wave from Ukraine. Placing a strong emphasis on highlighting the differences with respect to previous crises of this type, the study reveals the scale of the challenges facing European institutions in the face of such an unprecedented humanitarian catastrophe. The objective is also to highlight the need for different priorities and new strategies for integration policies in the European labour market. Keywords: refugees, labour market, integration policy, Ukraine.

Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study

The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.

Temporary Protection Directive: Testing New Frontiers?

Abstract The activation of the Temporary Protection Directive has been considered a manifestation of solidarity towards refugees that enhances responsibility sharing between the Member States and is, therefore, perceived as a positive development. Focusing on the specific case of Ukrainian refugees, this paper explores the possible implications of the Temporary Protection Directive from the perspective of asylum solidarity. The purpose of the article is twofold. First, to dispel the assumption that the activation of the Directive is a positive step forward in addressing the Ukraine refugee incidence and challenge the presumed benefits of the Directive in terms of asylum solidarity. Second, the article seeks to explore how the detrimental effects of temporary protection can be mitigated both in the short and long term. It proposes possible solutions to prevent a regression in refugee protection standards through temporary protection and examines how a free choice model can be integrated to remedy some of the shortcomings of the current emergency management system.

Following the EU Response to the Russian Invasion of Ukraine? The Implementation of the Temporary Protection Directive in Poland

Following the EU Response to the Russian Invasion of Ukraine? The Implementation of the Temporary Protection Directive in Poland

Using the lens of emotions: Exploring Ukrainian refugee women’s anchoring processes in Berlin

Drawing on a series of interviews with four Ukrainian refugee women in Berlin, this essay employs the lens of emotions to discern which integration opportunity structures shape their settlement, and how they do so. To capture the latter, we approach settlement as a process of anchoring. The prism of emotions enables us to grasp Ukrainian refugee women’s subjective and often contradictory orientations towards their settlement trajectories in Berlin, all while discerning how these are informed by social as well as policy- and place-related opportunity structures. The German implementation of the EU Temporary Protection Directive is relevant here, as well as familial relations. Though integration opportunity structures on the local, national and transnational levels all play into these refugees’ settlement, we observe that these structures do not either facilitate or hinder the refugees’ anchoring, but that anchoring processes are tightly interwoven with un-anchoring ones, and that both can change over time. This exploratory essay highlights both the non-instrumental role of familial relations in refugee settlement as well as the malleable, multi-layered, and multi-directional character of settlement processes.

The Activation of the Temporary Protection Directive 2001/55/EC for Ukrainian Refugees: A Demonstration of its Uniqueness

The Activation of the Temporary Protection Directive 2001/55/EC for Ukrainian Refugees: A Demonstration of its Uniqueness

The Activation of the Temporary Protection Directive for People Fleeing from Ukraine

The Activation of the Temporary Protection Directive for People Fleeing from Ukraine

The Protection of Displaced Persons from Ukraine in Portugal

Abstract The war in Ukraine has caused a massive influx of people seeking protection in the European Union and has led to the activation, for the first time, of the Temporary Protection Directive. Although this influx mainly affects neighbouring countries, such as Poland and Romania, Portugal triggered, as early as 1 March 2022, the national temporary protection regime, thus granting immediate protection to people who were arriving because of the war. This article analyses this temporary protection regime, as well as the measures adopted to allow the rapid integration of those displaced persons, such as simplifying the recognition of professional qualifications, essential for their access to the labour market. Being special measures that only benefit citizens affected by the war in Ukraine, their compatibility with the constitutional principle of equality is questioned, as other foreigners equally affected by war and violation of human rights are excluded.

Proteção internacional revisitada: As soluções da União Europeia para a proteção dos deslocados da Guerra da Ucrânia num contexto de «múltiplas crises e refugiados»

In this article the solutions found by the European Union to respond to an ‘unprecedented refugee crisis’ will be studied. Such crisis corresponds to the recent mass movement of displaced persons from the Ukraine war, following the Russian invasion of February 2022. The European Union’s response was unprecedented, having resorted, for the first time in history, to a European instrument that had been adopted more than twenty years ago: the Temporary Protection Directive. However, it is important to critically analyse this solution, and question why it was not adopted in previous cases of massive influx of people to the European Union.

UKRAINIAN REFUGEES IN THE EU: A NEW MIGRATION CRISIS?

The article analyses the prerequisites for a new migration crisis that may break out in the European Union due to an unprecedented influx of migrants. The author notes that the EU has been preparing for emergencies of this kind and has succeeded in a number of initiatives. The Council took a quick decision to activate the 2001 «Temporary Protection Directive», the Commission established a «solidarity platform» to exchange information about arriving people from Ukraine, the EU Agencies used their new powers to take more active actions to accept «temporarily protected» and provide them with the necessary means for living, medical care, access to education. However, the author points out that the main challenges for the EU and the Member States are still ahead. The principals of the new arrivals’ distribution among Member States have not been set. The «solidarity mechanism», which the countries of Central and Eastern Europe have opposed more actively than the others, has not been agreed within the framework of the Pact of Migration and Asylum. The beginning of migrants’ summer travel season from Africa and the Middle East may aggravate the situation. The author believes that although it is too early to talk about a new migration crisis, the lack of resources and infrastructure to accept a new migration wave does not contribute to strengthening the solidarity of the Member states and can entail negative consequences.

Extending Social Protection for Migrants Under the European Union's Temporary Protection Directive: Lessons from the War in Ukraine

Extending Social Protection for Migrants Under the European Union's Temporary Protection Directive: Lessons from the War in Ukraine

»We are with You, Ukraine« – analiza upravnih kapaciteta za implementaciju instituta privremene zaštite u Hrvatskoj

»We are with You, Ukraine« – analiza upravnih kapaciteta za implementaciju instituta privremene zaštite u Hrvatskoj