CURRENT LEGAL ARTICLES

 

The European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022. 

The regulations, which came into effect on 23 June 2022, provide that certain classes of temporary development, including residential accommodation, which give protection to displaced persons from Ukraine, will be exempt from the provisions of the Planning and Development Act (other than environmental considerations). www.greensolicitors.ie / www.dglaw.ie  0214708570 +353 89 463 2554 for further information.

 

Since the start of the Russian military invasion of Ukraine on 24 February, more than 3 million people have fled the country, with UN estimates suggesting that more than half of them are children. To respond to this unprecedented situation, the EU agreed in record time to activate the Temporary Protection DirectiveSearch for available translations of the preceding linkEN••• to help people fleeing war in Ukraine. The Directive became immediately applicable on 4 March and now offers millions of people immediate protection and clear legal status.

Today, the Commission is presenting operational guidelines searchSearch for available translations of the preceding linkEN•••to support Member States in applying the Directive. The comprehensive policies will help those arriving to have a consistent and effective level of rights and the Member States to assume their new responsibilities. 

Vice-President for Promoting our European Way of Life, Margaritis Schinas, said: “The unprecedented decision to grant immediate protection to all those who call Ukraine their home is now being translated into practice. To help make this process as smooth as possible, the Commission supports the Member States with operational guidance. For example, to ensure people can move around the Union unhindered, we clarify that they should be able to receive 15-day visas at the border and that, in any case, carriers should not be fined for transporting them without documentation. One of the biggest concerns now is the number of children arriving unaccompanied who need to be registered and given specialised care.”

Commissioner for Home Affairs, Ylva Johansson, said: “In a matter of days, 3 million people crossed into the EU. The show of solidarity has been immense, and the authorities’ reaction is impressive. Still, real challenges exist to ensure national systems do not become overwhelmed and that people enjoy the protection they deserve. Based on questions from the Member States, we propose the following operational guidelines, which we will regularly update to ensure the Commission supports the Methe member States every step – from arrival to integration.”

Guidelines to the Member States

The guidelines are intended as a living document to reflect the situation on the ground and consider the evolving needs of the Member States. The main elements include:

• Clarifying who is entitled to temporary protection, including, for instance, those persons who benefitted from international protection or equivalent national protection in Ukraine before 24 February and who have been displaced from Ukraine on or after 24 February, as well as their family members.
• A definition of “adequate protection” under national law which is a possible alternative to temporary protection that may be offered by the Member States and does not have to be identical, but which must respect the Charter of fundamental rights of the European Union and the spirit of the Temporary Protection Directive. Respect for human dignity and, therefore, a dignified standard of living has to be ensured in respect of everyone.
• Specifying the type of evidence needed to benefit from temporary or adequate protection under national law.
• Encouraging Member States to consider extending temporary protection to persons who strictly speaking would not fall under the scope of application of the Decision but who need protection, such as those who fled Ukraine not long before 24 February 2022
• Children: the Guidelines include a dedicated chapter on children. Unaccompanied children and teenagers should be immediately appointed with a legal guardian or appropriate representation. The Commission also coordinates relocation efforts to transfer unaccompanied children and teenagers to the other Member States. Regardless of their status, all children fleeing the war should have complete protection and swift access to their rights (including education, healthcare, and psychosocial assistance).
• Guidelines on specific rights under the Temporary Protection Directive: a residence permit should serve as a document to prove someone’s status with other authorities, such as employment offices and services, schools, and hospitals. Where residence permits are still pending, Member States should facilitate opening bank accounts and access relevant services based on an ID document or proof of entry into the EU after 24 February 2022.
• Guidelines to ensure free movement both before and after issuance of residence permits: Ukrainian nationals holding biometric passports or nationalities exempt from the requirement to have a short-stay visa for entering the Union have the right to move freely within the Schengen area after being admitted into the territory for 90 days within 180 days. For non-visa-exempt nationalities, the Commission recommends that the Member States of first entry issue 15-day visas as the border and that secondary Member States do not impose financial penalties on carriers transporting persons enjoying temporary protection but not possessing valid documents to enter. After a residence permit is issued, persons with temporary shelter have the right to move freely.
• Providing repatriation assistance for those with no right to stay in the EU, such as the need to receive consular assistance for repatriation, which Frontex can support.

Background

On 4 March 2022, following the Commission’s proposal the previous day, the Council unanimously adopted the implementing decision introducing temporary protection for people fleeing war in Ukraine. After this decision, the Commission received an apparent demand for further information. It launched a web page searchSearch for available translations of the preceding linkEN••• to inform and support those fleeing war arriving in the EU.

To coordinate operational support for the Member States of first entry, the Commission has been convening meetings on the situation in Ukraine as part of the EU Migration Preparedness and Crisis Blueprint. Alongside this Network, a ‘Solidarity Platform’ coordinated by the Commission collects and examines Member States’ needs to provide an operational response. These guidelines will also complement the existing GuidelinesSearch for available translations of the preceding linkEN••• for external border management to facilitate border crossings at the EU-Ukraine borders.

For More Information

Operational GuidelinesSearch for available translations of the preceding linkEN••• for the implementation of the Council implementing Decision introducing temporary protection

Council Implementing Decision introducing temporary protection searchSearch for available translations of the preceding linkEN•••

Temporary Protection DirectiveSearch for available translations of the preceding linkEN•••

Information for people fleeing the war in UkraineSearch for available translations of the preceding linkEN•••

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