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Temporary protection for displaced people from Ukraine extended until March 2028
Temporary protection for displaced people from Ukraine extended until March 2028 Ukrainians with military obligations excluded
Katrien Luyten, Members' Research Service
Summary
The EU has decided to extend temporary protection for displaced people from Ukraine until 4 March 2028, marking a sixth year of protection. As a safe return to Ukraine is is impossible due to Russia's ongoing war of aggression, a common European response remains necessary. This latest extension changes the categories of individuals eligible for temporary protection for the first time since the Temporary Protection Directive was triggered in March 2022. Persons who cannot prove that they are authorised by the Ukrainian authorities to leave the country in compliance with their military obligations will no longer be granted temporary protection. This aims to reconcile temporary protection with Ukraine's defence needs. At the same time, the EU and its Member States are preparing a smooth and coordinated transition out of temporary protection, once circumstances permit.
Temporary Protection Directive
The Russian invasion of Ukraine in February 2022 led to the first ever triggering of the Temporary Protection Directive (Council Directive 2001/55/EC – hereafter the TPD). The TPD was adopted in the aftermath of the conflict in the former Yugoslavia. In spite of having been invoked several times in the past, it had never been activated before. Council Implementing Decision (EU) 2022/382 established the existence of a mass arrival of displaced persons from Ukraine and acknowledged that the scale of the influx would likely pose a clear risk that the EU Member States would be unable to process the arrivals without adverse effects on their asylum systems.
The TPD enables Member States to offer assistance and rights to people in need of immediate protection. It waives the need to examine individual applications and allows Ukrainian nationals – as well as other third-country nationals or stateless persons benefiting from international protection in Ukraine, and their family members – to enjoy harmonised rights across the EU. These rights include access to a residence permit, education, medical care, housing, the labour market and social welfare assistance.
Once admitted into EU territory, the beneficiaries of temporary protection (BTPs) can move freely within the EU, choose the Member State in which they want to enjoy the rights attached to temporary protection, and join family and friends in the numerous diaspora networks across the EU. National-level legislation and policy determine the exact scope of these entitlements. The EU's temporary protection regime has provided predictability and legal certainty for both displaced people from Ukraine and the EU Member States.
By the end of June 2026, 4.41 million BTPs were living in the EU, an increase of 0.6 % compared with the previous month. Over 98.5 % of them were Ukrainian nationals, and most were women (43.4 %) and minors (29.6 %). Men accounted for 27 % of all BTPs. The highest numbers of BTPs were reported in Germany (1 286 230 persons or 29.2 % of the EU total) and Poland (961 170 or 21.8 %), while the highest numbers of BTPs relative to the national population were observed in Czechia (ratio of 35.8 per thousand people), Slovakia (27.2) and Cyprus (26.8), compared with 9.8 at EU level. The EU supports Member States in meeting the needs of those fleeing the war in Ukraine.
Extension of temporary protection until March 2028
On 26 June 2026, the European Commission proposed to extend temporary protection by yet another year, until 4 March 2028. According to the EU executive, the extension provides displaced people from Ukraine with as much stability and prospects as possible under the current circumstances. On 15 July, the Council announced political agreement on the extension, and formal adoption took place on 31 July. Council Implementing Decision (EU) 2026/1912 – which was published in the Official Journal on 4 August – will apply from 5 March 2027, with the exception of Article 2, which already applies since 5 August 2026 (see section below on the exclusion of Ukrainians with military obligations).
Temporary protection was initially introduced for a period of one year (to March 2023) but has since been extended six times. On each occasion, the Commission argued that the reasons for temporary protection persisted, namely that it was not possible to return to Ukraine in safe and durable conditions; that further arrivals on a large scale could not be excluded owing to the difficult humanitarian conditions, broader volatility and uncertainty in Ukraine; and that the risk of escalation and the risk to the efficient operation of Member States' national asylum systems remained. Moreover, the high number of displaced persons in the EU benefiting from temporary protection is not likely to decrease as long as the war against Ukraine continues.
Legal basis: Article 4(2) TPD
All extensions have the same legal basis: Article 4(2) of the TPD, according to which the Council, acting by qualified majority and on a proposal from the Commission, can extend temporary protection by up to one year where reasons for temporary protection persist. Parliament has no formal role in the adoption of a Council Implementing Decision. Although temporary protection has been assessed positively overall, some legal scholars have questioned the legality of relying on Article 4(2), arguing that it undermines the directive's essential temporariness and provides no authority for further extensions without formally amending the TDP.
Avoiding multiple registrations for temporary protection
To avoid situations where BTPs benefit from the rights attached to temporary protection in more than one Member State at a time and to avoid multiple registrations, the previous Council Implementing Decision (EU) 2025/1460 provides, in recital 4, that Member States should reject an application when it is apparent that the person concerned already benefits from temporary protection in another Member State. This decision followed the ruling of the Court of Justice of the EU in Case C-753/23 Krasiliva, of 27 February 2025.
Exclusion of Ukrainians with military obligations
Council Implementing Decision (EU) 2026/1912 changes the terms of Council Implementing Decision (EU) 2022/382 of March 2022 regarding the categories of individuals to whom temporary protection applies. It provides, in Article 2, that temporary protection 'shall only be granted to those who satisfy their military obligations in Ukraine, upon presenting, where applicable, proof thereof'.
The 2026 Council Implementing Decision refers to 'the evolving military needs of Ukraine to defend itself against Russia's war of aggression and, in particular, Ukraine's conscription obligations'. Temporary protection should 'not negatively affect Ukraine's overall ability to best defend itself' and the country should be able to 'decide freely on the organisation of its defence forces', the Council argues.
In principle, all Ukrainian men between the ages of 25 and 60 are subject to conscription unless they qualify for an exemption. Under Ukrainian law, men of conscription age and men on the reserve list (23-25 years of age) are not allowed to leave Ukraine. Men and women aged 18-22 years are allowed to leave Ukraine, with the exception of those who voluntarily joined the armed forces. In recital 20, the 2026 Council Implementing Decision acknowledges that 'it is possible that Ukrainian nationals who are not subject to conscription have military obligations, irrespective or their age or gender, because they enlisted or otherwise due to responsibilities related to military activities'.
The 2026 Council Implementing Decision provides that the person requesting temporary protection bears the burden of proving exemption from military obligations or compliance with them. Such proof can be given by means of an exit stamp in the passport, a lawful border crossing record or 'an easily verifiable official document, in paper or electronic form, such as in the Reserv+ application'. The Commission will update the operational guidelines for the implementation of Council Implementing Decision (EU) 2022/382 in order to ensure a coordinated approach among the Member States.
Article 2 of the 2026 Council Implementing Decision has applied since 5 August 2026, when the decision entered into force, whereas the extension of temporary protection will apply from 5 March 2027. Accordingly, this exclusion applies only to persons who apply for temporary protection on or after 5 August 2026 and does not affect persons who were already enjoying temporary protection in a given Member State before or on 4 August 2026 and continuously retaining such status in that given Member State after this date.
The exclusion triggered debate in the Council, and the Irish Presidency of the Council had to prepare several compromise texts before the decision could be adopted. France was one of the countries that resisted the exclusion the most. Hungary had requested that ethnic Hungarians arriving from Ukraine to escape the war or mobilisation could still be granted refugee status in Hungary.
Military service and the right to international protection
Council Implementing Decision (EU) 2026/1912 emphasises in recital 8 that the exclusion from temporary protection does not affect the right of persons arriving from Ukraine to apply for international protection or refugee status. However, in accordance with international standards, desertion and draft evasion do not, by themselves, constitute valid grounds for obtaining international protection.
The EU Agency for Asylum's Practical Guide on Political Opinion recalls that states are entitled to impose military service and to penalise desertion or draft evasion. Nevertheless, international protection may be granted on a case-by-case basis where refusal to perform military service could expose the applicant to persecution or serious harm.
Legal basis: Article 5(3) TPD
The legal basis for the exclusion is Article 5(3) of the TPD, according to which the Council Implementing Decision may include a description of the specific groups of persons to whom the temporary protection applies.1 The 2026 Council Implementing Decision emphasises that temporary protection is 'a procedure of exceptional character', and that 'the specific categories of persons are determined on the basis of objective criteria, in full respect of obligations stemming from international law, Union law and fundamental rights'. The text adds that the criteria for determining the specific categories of persons to whom temporary protection applies include 'the situation pertaining to the existence of a mass influx of displaced persons, including the situation of the country of origin of those persons'.
However, this approach is being questioned by NGOs and academics. Brussels-based non-governmental organisation PICUM considers it to be 'a fundamental departure from the legal nature and spirit of the Temporary Protection Directive as a collective protection instrument' and argues that it 'raises serious legal and practical concerns, while calling into question its future direction'. Meltem İneli Ciğer and Steve Peers argue, in the EU Law Analysis legal blog, that the exclusion from temporary protection raises serious legal problems, 'ranging from discrimination and ultra vires overreach to the risk of creating a dangerous legal gap for those whose asylum claims might be rejected'. The authors furthermore argue that the exclusion does not respect family unity obligations as provided for in Article 15 of the TPD. In June 2026, the Council of Europe Commissioner for Human Rights recommended, among other things, that any protection granted should avoid discrimination and guarantee access to basic rights.
Transitioning out of the temporary protection regime
In parallel with the need to continue protecting displaced people from Ukraine, the EU seeks to pave the way for a smooth transition out of temporary protection. To that end, the Commission proposed a Council recommendation on a coordinated transition out of temporary protection – adopted in September 20252 – and adopted a communication on a predictable and common European path for the future of the Ukrainians present in the EU today.
The idea is to ensure long-term and sustainable solutions for BTPs, take Ukraine's capacity and reconstruction needs into account, and continue to avoid risks to the Member States' national asylum systems. Persons currently benefiting from temporary protection need time to transition to other legal statuses3 that better reflect their circumstances, and those who want to return to Ukraine – when the situation allows – need support. Moreover, Member States need to prepare for the transition.
According to the Council's reflection document of March 2026 on the future of temporary protection, the number of transitions to other statuses remains very low, mainly due to the difficulties people face in meeting the eligibility criteria. Options for other legal statuses for BTPs remain uneven across the EU, with national frameworks for protection, employment, study and residence differing in terms of accessibility and effectiveness. In particular, vulnerable groups may find it difficult to transition to other available legal statuses. The Council warned that this uneven approach risks resulting in inconsistent treatment of displaced persons and undermining a coordinated EU approach.
In February 2026, the European Council on Refugees and Exiles (ECRE) and the Brussels School of Governance compiled an overview of the available options in the national law of 12 European countries.
Meanwhile, Ukraine continues its path towards EU accession. Ukraine applied for EU membership days after Russia invaded the country and accession negotiations were formally opened in June 2024.
Main references
- Luyten, K., Transitioning out of temporary protection for displaced people from Ukraine, EPRS, European Parliament, November 2025.
- Luyten, K., Temporary Protection Directive, EPRS, European Parliament, July 2024.
- Luyten, K., When EU temporary protection for displaced people from Ukraine ends: Possible scenarios, EPRS, European Parliament, 2024.
Endnotes
Classification
Policy areas: Area of Freedom, Security and Justice
Regions: European Union
Committees: Civil Liberties, Justice and Home Affairs (LIBE)
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