As the world’s leading humanitarian donor, the EU and its Member States support refugees, asylum seekers and host communities, while promoting international protection standards, access to essential services and durable solutions.’, the European Commission said in a statement on 19 June ahead of World Refugee Day.
To Kyiv’s misfortune, the statement did not stop here but went on to say that the EU is at the forefront of the humanitarian response, from Sudan to Gaza, Lebanon, Venezuela, Afghanistan, Cuba, Haiti and Myanmar to the Democratic Republic of Congo adding that the EU has provided temporary protection to more than 4.8 million people fleeing Russia’s war of aggression against Ukraine.
Shift in the EU’s approach towards Ukrainian refugees has come as no surprise but this issue has gained new momentum with the EU’s new Asylum and Migration Pact which has entered into force on 12 June. The first European Asylum and Migration Strategy as a related document should also be listed among the many issues that are shaping Brussels position on Ukrainian refugees in the EU. The Strategy which was adopted in January set out a vision on a new comprehensive approach to asylum and migration and Ukraine is not exempt from the scope of this paper.
In light of the recent developments in the area of migration, a letter by EU Commission President Ursula von der Leyen sent to EU leaders ahead of a Commission meeting on 19 June in which she urged governments to introduce restrictions on accepting Ukrainian refugees, was something unavoidable.
The situation around Ukrainian refugees, however, cannot be called crystal clear considering that the Commission, in fact, wants to differentiate them and give a ’gift’ only to one part of them while leaving another group of Ukrainian refugees without further protection.
Huge number of Ukrainian refugees in the EU will certainly be unhappy with the new plan as the European Commission proposes extending the duration of temporary protection for Ukrainians, but the scope of this protection would be limited.
According to media reports, the EU is discussing the possibility of excluding Ukrainian men of conscription age – between 23 and 60 – from the expanded temporary protection scheme introduced in 2022, after Russia launched a full-scale invasion of Ukraine. Any such restriction would apply to new applicants seeking temporary protection in the EU.
The share of men of draft age of the total number of refugees has reached 30%, according to statistics.
The situation around Ukrainian refugees in the EU can be called a new one because following the Commission’s recommendations to Member States last September concerning the removal of Ukrainians from temporary protection status, discussions are now taking place not only in individual member states but also at EU level.
In addition, European Commissioner for Migration Magnus Brunner said that the EU’s position on this issue aligns with the request from the Ukrainian government which is another slap in the face for Ukrainian refugees.
To illustrate the situation, here are some national stances.
Madrid argues that temporary protection cannot be a medium- or long-term measure while Berlin says that men of draft age is the most controversial group of refugees and, if necessary, they will be the first to be excluded from the protection program. As of March of this year, social assistance for refugees is no longer unconditional in Poland, as they can receive any help from the state if they integrate into the local labor market and the social security system. The Finnish government is ready to consider a restriction regarding the granting of temporary protection on men of draft age. Czechia also is implementing its own restrictions on refugees.
The EU’s Temporary Protection Directive, which guarantees the right to residence, social assistance, and benefits continues to be the legal basis for Ukrainians in the EU. However, the EU want to resolve a controversial situation, related to the fact that this regulation, as the name of the directive suggests, was initially designed as a temporary measure, but it was repeatedly extended as the Russo-Ukrainian war continued.
The EU plans to make a decision on the status of Ukrainian refugees this summer or, if it fails to reach a consensus, during the autumn. The urgency is due to the fact that the Temporary Protection Directive runs until March 2027.
In the fourth year of the conflict, with certain signs of Ukrainian technological advance, Kyiv needs men of draft age to the frontline more than anything. Add to this the burden, Ukrainian refugees in EU Member States mean not only to the national heathcare systems but also to labour markets. Tensions in some countries reached a level that Ukrainian refugees became a campaign issue.
According to EU data, since the Russian aggression started, the bloc, its member states and its financial institutions have mobilised over €104.6 billion to support Ukraine’s overall economic, social and financial resilience in the form of macro-financial assistance, budget support, emergency assistance, crisis response and humanitarian aid. In addition, military assistance measures are around €75.2 billion, bringing total support to Ukraine to almost €180 billion. Together with the resources made available to help Member States cater for the needs of Ukrainians fleeing the war in the EU and the proceeds of Russian immobilised assets, the overall support to Ukraine and Ukrainians amounts to almost €200.6 billion.
These are the circumstances that are currently shaping the EU’s new policy towards Ukrainian refugees.
In other words, the interest of the EU (and its Member States) and that of Kyiv, somewhat paradoxically, meets this time and this will have an impact on the lives of people fleeing the war in Ukraine.
Nevertheless, one should, by no means conclude that stripping refugees of legal protection in the EU is equivalent to voluntary return of Ukrainian citizens, something, Kyiv would be interested in. Should Kyiv, after all, mistakenly believe this, it will face this fault’s negative consequences on the battlefield later on.
