New EMN study on the application of the Temporary Protection Directive in 2023

The EMN study “Application of the Temporary Protection Directive: Challenges and Good Practices in 2023” provides an overview of developments during the first half of 2023. The study builds on insights from previous reports and provides an overview of the concrete measures implemented by 25 EMN Member Countries. Opportunities and challenges relating to registration via e-services, legal status, mobility to other EU Countries and residence permits for other reasons are discussed in this article. Priority areas and different types of measures vary across the EMN Member Countries.

Background

The comparative study “Application of the Temporary Protection Directive: Challenges and Good Practices in 2023” summarises developments, challenges and good practices in the application of the Temporary Protection Directive (2001/55/EC) from 25 EMN Countries during the first half of 2023. The study builds on insights from previous reports and provides an overview of various aspects, such as the legal status and mobility within the EU for beneficiaries of temporary protection.

While 2022 was characterised by emergency measures, the focus in 2023 was on long-term solutions and continued support for beneficiaries of the Temporary Protection Directive. The number of decisions on temporary protection fell by 76% in 2023 compared with 2022. The Czech Republic, Cyprus, Estonia, Ireland, Latvia, Poland and Slovakia had the highest number of decisions per 1,000 inhabitants.

Challenges and good practices

Some countries have implemented legislative changes, while others have focused on concrete measures and pilot projects to promote integration and ensure the right to work, education and healthcare. Among the most common challenges identified were language barriers, a lack of resources and trained personnel in various parts of the migration process, and a lack of digital literacy among applicants. Despite the introduction of certain measures, such as language courses, resources were highly inadequate.

Enhanced cooperation and legislative changes were highlighted as good examples. Lithuania emphasised cooperation at the local authority level, while Finland highlighted inter-agency cooperation and the exchange of information. The Czech Republic, the Netherlands and Finland have adjusted their financial support and Luxembourg has amended their laws on reception, guidance, integration and educational support for newly arrived pupils.

Some insights from the comparative study

With the activation of the Temporary Protection Directive, beneficiaries of temporary protection have gained access to housing, the labour market, education, healthcare, as well as social benefits and welfare. Although they were allowed to move freely within the Schengen area, their financial support could be affected. Some EMN Countries have adjusted social benefits and extended support measures. Despite a more well-established registration system in 2023, difficulties remained in verifying identity and determining which individuals were entitled to temporary protection.

• While the Temporary Protection Platform (TPP) was used systematically, certain challenges arose regarding consistent use and data entry.
• Identity and determining who is eligible for temporary protection – In Cyprus, Estonia, Finland, Ireland and Italy, those who did not meet the criteria for temporary protection were advised to apply for asylum instead. Cyprus and Estonia flagged early on that this would place a strain on the entire asylum system, while the Czech Republic, Estonia, Germany and the Netherlands expressed concerns regarding benefit fraud.
• Residence permits on other grounds – In many EMN Member Countries, beneficiaries of temporary protection could apply for residence permits for other purposes such as work, study or family reunification. However, this is not possible in Austria, Bulgaria, Sweden and Slovenia.
• Labour market and integration – Ten EMN Countries report that, overall, beneficiaries of temporary protection continue to be employed in low-skilled occupations that do not always reflect their level of education.
• Healthcare – Slovakia has implemented extensive legislative changes to provide beneficiaries of temporary protection with the same healthcare as other residents. Belgium, Bulgaria and Ireland have taken measures against infectious diseases, while Lithuania offers reimbursement for prescription medicines.
• Compulsory education – Some EMN Countries have allowed Ukrainian children to participate in online courses from Ukraine and gradually transition into the education system of their country of residence. France and Finland are collaborating with Ukrainian authorities in designing educational programmes for Ukrainian children, while Poland and Slovenia offer supplementary classes in Ukrainian language and culture.
• Vulnerable groups – Limited contact with authorities, a lack of suitable accommodation and insufficient financial support are highlighted as challenges. Austria reports difficulties with medical examinations on arrival. Eight EMN Countries, including France, Finland, Germany and Hungary, have set up inter-agency working groups to combat human trafficking.
• Unaccompanied minors, as well as minors accompanied by guardians. EMN Member Countries provided tailored support and protection for these individuals, with entry with a minor lacking official documents cited as one of the greatest challenges. EMN Member Countries conducted awareness-raising campaigns, provided advice and undertook capacity-building with enhanced inter-agency cooperation.
• Return to Ukraine – Although most EMN Countries do not offer support if beneficiaries of temporary protection wish to return to Ukraine voluntarily, Belgium, France, Italy and the Netherlands have begun to support these individuals through various measures.