Temporary protection of persons displaced from Ukraine: between international protection and migration management in the EU

Abstract

The armed conflict between the Russian Federation and Ukraine has profoundly impacted the lives of people in these courtiers, particularly in Ukraine. Due to the conflict, nearly 8 million individuals have been displaced from Ukraine, a statistic reported by the United Nations High Commissioner for Refugees (UNHCR) in 2023. These displaced persons have sought refuge in various regions, notably within EU and Western Balkan countries. In response to the massive influx of people from Ukraine, the EU activated the temporary protection mechanism for the first time. The aim of this paper is to examine whether the temporary protection provided to displaced persons from Ukraine represents an appropriate form of international protection or is rather an instrument by which states tried to manage the large migratory flow that followed as result of the conflict. While acknowledging the critical role of temporary protection in safeguarding individuals affected by armed conflict, we propose that its activation was primarily driven by interests related to managing migration flows. To support this claim, we will examine the following aspects: the political nature and influence in the activation of temporary protection; the potential for temporary protection to obscure the diverse needs of those fleeing Ukraine thereby impacting their legal status determination; and the impending expiration of temporary protection, along with the lack of a publicly discussed adequate exit strategy by EU, and subsequently Serbia, which risks leaving those under temporary protection in a state of legal uncertainty.

Keywords

• Temporary Protection Directive
• Ukrainian Refugee Crisis
• EU Migration Management
• Temporary Protection Exit Strategy
• Common European Asylum System