Implementation and Limits of Directive 55/2001/EC in favor of Ukrainian displaced persons

The contribution deals with the analysis of the Implementing Decision (EU) 2022/382, which implemented the Directive on temporary protection, applied for the first time in support of displaced Ukrainians, on the basis of the methods independently provided for in the internal legal systems of the States. The paper emphasizes some limitations, first of all with reference to the subjective scope of application of the decision, which includes only Ukrainian citizens or citizens of other States that enjoy international protection in Ukraine, thus excluding other individuals who, regardless of citizenship, legally residing in Ukraine, to whom the Member States will be able to decide whether to grant temporary protection or another type of protection. State discretion on the scope of application ratione personae is likely to have repercussions, including on the sharing of burdens between Member States.