Activation of the temporary protection Directive for people displaced from Ukraine as a consequence of the war

Abstract

On March 4, 2022, the EU activated for the first time the temporary protection directive to offer protection to people displaced from Ukraine as a result of the war. In general terms, the activation of the directive was received positively by experts in the field of asylum, mainly due to the immediate protection that offers. This text analyses the main characteristics of the temporary protection regime, focusing on the beneficiaries, the rights it guarantees and the applicable legal framework. Likewise, special reference is made to the way in which the family members of the beneficiaries of temporary protection are defined and to the applicable rules for the reunification of separated families during the process of granting temporary protection. It is argued that the reaction of the EU regarding the activation of temporary protection was immediate, and the means chosen to respond to this massive displacement of people adequate. However, the implementation presents some problems that are mainly related to the exclusion of certain categories of migrants from the protection, but also to the legal framework applicable to family members.