The Court of the European Union in Luxembourg has authorized EU member states to deny temporary protection and the right to stay in their territory to certain categories of refugees from Ukraine who do not fall under the definitions established by EU law.
Under EU legislation, the right to temporary protection applies to: Ukrainian citizens, those with permanent residence permits in Ukraine, individuals who have been granted international protection in Ukraine, and their family members.
The Dutch government requested clarification from the court. In 2022, the Netherlands began granting temporary protection status to all refugees from Ukraine, including third-country nationals who had temporary residence permits in Ukraine. However, the Dutch authorities later decided to revoke temporary protection status for this category of refugees. Refugees with temporary Ukrainian residence permits appealed to the courts, and the government sought advice from the EU Court.
The court emphasized that the expulsion of these refugees is only possible after their temporary protection status has officially ended.
Currently, according to the European Commission, there are approximately 4.5 million Ukrainian refugees in EU countries, who are benefiting from temporary protection status, which has been extended until March 2026. In October 2024, European Commission President Ursula von der Leyen suggested that EU countries discuss the future of Ukrainian refugees, taking into account Europe’s limited resources and Ukraine’s needs for human resources.
