Europe

EU to restrict protections for Ukrainian men

3 min read
EU to restrict protections for Ukrainian men
The EU and Ukrainian flags displayed in Kyiv, Ukraine, on May 9, 2024. (STR/NurPhoto via Getty Images)

Editor's note: This article was updated to include clarifications from the European Commission on how the new proposed measures were established, and to include a response to the news from the Ukrainian government.

BRUSSELS, Belgium — The EU announced on June 26 that it will extend protective measures for an additional year for the 4.4 million Ukrainians living in the bloc, but will no longer approve the entry of men of military age, an attempt to better align with Ukraine's rules on military mobilization.

The tightening of eligibility for so-called "temporary protection" is a rising trend across Europe, with Denmark having made the same adjustment the day before, and countries such as Czechia drafting laws on what Ukrainians under temporary protection can do.

The EU initiated temporary protection measures for Ukraine on the first day of Russia's full-scale invasion, but they have to be renewed on a yearly basis. Before the June 26 announcement, protections were set to expire in March 2027.

"We need clarity now (for Ukrainians in the EU)… this is why the prolongation we're doing is so early, rather than waiting for 2027 to do it," said Magnus Brunner, the EU's migration commissioner.

Protections will now be in place until March 2028, while EU countries debate how to shift the system in place for Ukrainians onto a more stable, longer-term footing.

The EU will, however, introduce a new restriction on military-age men, who are forbidden by national law from leaving Ukraine, from taking advantage of the temporary protection measures.

"This is what Ukraine has asked us to do," Brunner said.

A European Commission spokesperson later clarified that "what the Commissioner meant is that the Commission followed its tried and tested methodology when it comes to working with Ukraine."

That means constant consultation on the topic with multiple ministries of the Ukrainian government, as the EU does across all aspects of its support for Ukraine.

In response to the news, the Ukrainian government said it "highly values the European Union’s intention to extend temporary protection for one year for Ukrainian citizens residing in EU Member States," according to statement from Ukraine's Mission to the EU.

The statement also describes the proposed changes as being "aimed at ensuring greater legal clarity and coherence between EU mechanisms and Ukrainian national legislation in the assessment of new applications."

The roll-out of restrictive measures on military-age men has already provoked a sharp rebuke from the Council of Europe's Human Rights Commissioner, Michael O'Flaherty, who says the change raises human rights concerns.

"Issues related to military service may trigger protection claims, and member states must ensure access to individualized assessments," reads a press release issued by O'Flaherty's office.

The new restrictions will not apply retroactively to men who have previously applied for temporary protection in the EU.

Commissioner Brunner mentioned that people no longer eligible under the EU's temporary protection framework for Ukraine could still apply for asylum under the more general method.

The new restrictions will enter force in a matter of weeks, as soon as EU countries formally adopt the measure and it is published in the official journal of EU law.

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Chris Powers

Brussels Correspondent

Chris Powers is the Brussels Correspondent with the Kyiv Independent. He reports on EU news and policy developments relevant to Ukraine, bridging the gap between Brussels and Kyiv. He was formerly the Defense and Tech Editor at the EU media outlet Euractiv. Chris holds a BA in History from the University of Cambridge and an MA in European Studies from the College of Europe.

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