Attuazione e limiti della Direttiva 55/2011 a favore degli sfollati ucraini.

Since February 24, 2022, the start date of Russia's invasion of Ukraine, the continuous aggression that has compromised European and global security and stability has caused over four and a half million refugees to flee from Ukrainian territory. The serious humanitarian crisis has pushed the European Union to seek timely and effective solutions to support Ukraine and its citizens. In this regard, on 4 March 2022 the Council implemented for the first time Directive 55/2001 on temporary protection in the event of a mass influx of displaced persons and on promoting a balance of efforts between Member States hosting displaced persons and suffering the consequences of their acceptance. The objective of the paper is to draw attention to the limits of the Implementing Decision (EU) 2022/382, which - while providing for the implementation of Directive 55/2001 on the basis of the methods provided autonomously in the internal laws of the States - contains limits first of all with reference to its subjective scope of application, including only Ukrainian citizens or citizens of other States who enjoy international protection in Ukraine, thus excluding other subjects who, regardless of citizenship, legally reside in Ukraine, to whom the Member States may decide whether to recognize temporary protection or another type of protection. This criticality, and in general the state discretion on the scope of application ratione personae, probably risks having repercussions, as supported in the literature, also on the distribution of burdens among the Member States.