Background:

The Temporary Protection Directive (Council Directive 2001/55/EC) was triggered for the first time by the Council in response to the unprecedented Russian invasion of Ukraine on 24 February 2022 to offer quick and effective assistance to people fleeing the war in Ukraine. On 4 March 2022, the Council adopted Implementing Decision (EU) 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of the Temporary Protection Directive with the effect of introducing temporary protection. According to Article 2(2) of the Implementing Decision (EU) 2022/382, Member States shall apply either this Decision or adequate protection under their national law, in respect of stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin.

The Slovenian Contact Point to the EMN launched this ad hoc query to collect information on provisions in their current legislation allowing the refusal of an application for temporary protection by a Ukrainian national solely on the basis that the applicant also holds the nationality of an EU Member State.

Respondents:

22 EMN Member States (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Only 6 EU Member States (CZ, DE, NL, SK, ES, SE) explicitly report having provisions in their current legislation that allow for the refusal of an application for temporary protection solely because the Ukrainian holds the nationality of an EU Member State. In CZ for example, an application for temporary protection is inadmissible if it is submitted by a foreigner who is (1) an EU citizen, or (2) a national of a State bound by an international treaty negotiated with the EU from which they derive a right to free movement equivalent to that of EU citizens, or (3) a national of a State bound by the Agreement on the European Economic Area. In ES, "displaced persons" are defined as nationals of countries that are not EU Member States.

• Even if an EU Member State does not have a specific provision in place, temporary protection for individuals with dual nationality can still be refused under other legislation. For example, in BE, temporary protection can be denied if the Ukrainian national is authorised to reside in another EU Member State that is obliged to comply with the decision of the Council of the EU. In several EU Member States such as BG, EE, FI, FR, EL, IE, LV, and PL, the application is likely to be rejected and temporary protection not granted, as the applicant does not meet the definition of a displaced person or foreigner (third-country national or stateless person) under temporary protection legislation. 

Please consult the compilation of answers to the ad hoc query for more details.