This report covers judgments, decisions and interim measures by national courts and the Court of Justice of the European Union (CJEU) on the implementation and application of the Temporary Protection Directive and the Council Implementing Decision 2022/382 of 4 March 2022 and the Council Implementing Decision 2023/2409 of 19 October 2023.
Authors
Related Organizations
- Catalogue number
- BZ-01-24-007-EN-N
- Citation
- European Union Agency for Asylum, Jurisprudence on the application of the Temporary Protection Directive – Analysis of case law from 2022-2024 – October 2024 , Publications Office of the European Union, 2024, https://data.europa.eu/doi/10.2847/2885919
- DOI
- https://data.europa.eu/doi/10.2847/2885919
- ISBN
- 978-92-9410-358-1
- Pages
- 47
- Published in
- Belgium
- Themes
- Justice and home affairs , Community case-law
Table of Contents
- Contents 5
- List of abbreviations 7
- Note 8
- Introduction 9
- Main highlights 10
- 1. Legislative framework 12
- 2. Standard-setting jurisprudence by the CJEU 12
- 3. Eligibility of Ukrainian nationals and their spouses 13
- 3.1. Residence in Ukraine on 24 February 2022 13
- 3.2. Persons holding dual citizenship or a visa for another country 15
- 3.3. Secondary movements of persons holding temporary protection in another Member State 16
- 3.4. Persons who made simultaneous requests in several EU+ countries 17
- 3.5. Family members 18
- 3.5.1. Unmarried partners of Ukrainian nationals 19
- 3.5.2. Relationships of dependency 20
- 3.5.3. Displacement of Ukrainian nationals as prerequisite for derived rights for family members 20
- 3.5.4. Residence of family members in Ukraine prior to 24 February 2022 21
- 4. Eligibility of third-country nationals residing in Ukraine prior to 24 February 2022 22
- 4.1. Stateless persons and third-country nationals other than Ukrainian nationals with permanent or temporary residence 23
- 4.1.1. Ineligibility in the absence of permanent residence 23
- 4.1.2. Assessing safe and durable returns to the country of origin 24
- Burden of proof 25
- 4.2. Third-country nationals with temporary residence in Ukraine 26
- 4.2.1. Divergent jurisprudence on duration and end of protection 27
- 4.2.2. Referrals for a preliminary ruling on returns and duration of temporary protection 29
- 5. Exclusion 30
- 6. Procedural aspects 31
- 6.1. Access to temporary protection on the basis of interest and eligibility, without formalities 31
- 6.2. Information provision and legal aid 32
- 6.3. Appeals 32
- 6.4. Interplay with the international protection procedure 33
- 6.4.1. Suspension of processing applications for international protection in Bulgaria 33
- 6.4.2. Suspension of processing applications for international protection in Iceland 35
- 6.4.3. Time limit to decide on an asylum application by a beneficiary of temporary protection 35
- 6.5. Guardianship of unaccompanied minors 36
- 7. Reception-related aspects 37
- 7.1. Social benefits for beneficiaries of temporary protection 37
- 7.1.1. Nursing for family members with disabilities 37
- 7.1.2. Impact of an absence from the Member State on social benefits 38
- 7.1.3. Support for education 39
- 7.2. Material reception conditions 39
- 7.2.1. Access to accommodation 39
- 7.2.2. Provision of food 40
- 7.2.3. Access to employment 40
- Conclusions 41
- References 42
