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

Abstract

The response to the arrival of the Ukrainian population as a consequence of the Russian invasion breaks with the “deterrence paradigm” that has guided the EU’s asylum policies since the end of the Cold War. The flight from Ukraine of 650 000 displaced persons in a period of two weeks –from 24 February to 3 March 2022– led the Council of the EU to recognize “the existence of a mass influx into the Union of displaced persons who have had to leave Ukraine as a consequence of an armed conflict”. The Council’s unanimous finding of the existence of a “mass influx” situation had never been made before. This article seeks to examine the unprecedented response of the EU through the analysis of the Council Implementing Decision (EU) 2022/382 of 4 March 2022. It concludes that although this is a significant response, it has not succeeded in altering in a general way the approach to the asylum system –far from the principle of solidarity– of the Member States.