The European Commission presented on Friday 18 March the guidelines adopted the day before for Member States to properly implement the 2001 Directive on immediate temporary protection, which is intended to benefit both Ukrainian nationals and third-country nationals legally residing in Ukraine as well as beneficiaries of international protection.
In particular, the European Commission explains how Member States can apply an alternative national status for other refugee profiles that is not that of the 2001 Directive. For the directive or other status, it explains which identity and residence documents can be taken into account.
It also explains the criteria, under EU directives and others, by which it should be considered unsafe for a person to return to their country of origin.
In this rather long passage, it also explains that this assessment should not be based solely on the general situation in the country of origin. The person concerned must be able to prove/provide prima facie evidence at the individual level that he/she is unable to return under safe and sustainable conditions to his/her country or region of origin. Member States will then have to consider whether the person concerned still has a significant link with his or her country of origin, taking into account, for example, the time spent in Ukraine as a resident.
They also contain a definition of “adequate protection” under national law - as a possible alternative to temporary protection - which must respect the Charter of Fundamental Rights and the spirit of the Temporary Protection Directive. Respect for human dignity and, therefore, the right to a dignified life, guaranteed by rights such as the right of residence, access to means of subsistence and housing, emergency care and adequate care for the elderly as well as for minors, must be ensured for all persons.
However, the European Commission encourages Member States to automatically include as many people as possible within the scope of the 2001 Directive.
The guidelines also include a chapter on children. The European Commission calls on Member States to immediately appoint a legal guardian or an appropriate representative for unaccompanied children and adolescents.
All children fleeing war, regardless of their status, should be provided with full protection and prompt access to their specific rights (including education, health care and psycho-social assistance).
A chapter is also devoted to the rights granted with the residence permit under the Temporary Protection Directive, as the residence permit is to be used as a document proving a person’s status to authorities such as employment agencies and services, schools and hospitals. Where residence permits are still pending, Member States should facilitate the opening of bank accounts and access to relevant services on the basis of an identity document or proof of entry into the EU after 24 February 2022.
Finally, the Communication recalls that Ukrainian nationals holding a biometric passport as well as nationals of countries exempted from the requirement to be in possession of a short-stay visa to enter the EU have the right to move freely within the Schengen area for a period of 90 days within any period of 180 days after having been admitted to its territory. For nationals of countries for which there is no visa exemption, the European Commission recommends that Member States of first entry issue visas valid for 15 days to enable them to travel to another Member State.
The guidelines also address those who would seek asylum, including inviting Member States to derogate from the first entry principle, if the country concerned is overwhelmed by arrivals.
Link to the document: https://aeur.eu/f/tv (Original version in French by Solenn Paulic)