Steve Peers Profile picture
Professor of EU Law & Human Rights Law, @rhul_law. No longer post here; see https://t.co/U8pSranb2a instead

Mar 4, 2022, 15 tweets

I've extensively rewritten my blog post on temporary protection for people fleeing the invasion of Ukraine, how that the EU has adopted the temporary protection law: eulawanalysis.blogspot.com/2022/02/tempor…
Thread with main points 1/

2/ Who is covered by temporary protection?

These are the core groups fully covered:

3/ A second group of people must be covered either by EU temporary protection or by adequate protection in national law (not further defined)

4/ Member States *may* apply the law to non-Ukrainians who were working or studying in Ukraine, but in any case "should" treat them fairly re crossing borders etc

5/ and a further group of people who it's optional to cover

6/ The number of people who can be covered isn't explicitly capped

7/ How long does temporary protection last? In principle one year, might be extended to three years.

(We'll come back to what happens after it ends)

8/ What rights do temporary protection beneficiaries have?

First of all, residence permits and access to employment (although there can be a labour market priority for EU citizens etc)

9/ Also rights to social welfare, housing, health care and education

10/ I've added a section above movement between Member States. First of all, movement *before* obtaining temporary protection. The temporary protection decision simply flips the Dublin system upside down.

11/ After obtaining temporary protection, the Dublin system still doesn't really apply, although it's not a free movement right either

12/ Temporary protection beneficiaries can apply for asylum although it's assumed that they won't

13/ At this point the Dublin system would apply, but it might be messy

14/ When temporary protection ends, the usual law applies

15/ Finally I have some views on how temporary protection compares to the usual awfulness of asylum law

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