La protezione temporanea a favore degli sfollati ucraini: i limiti della decisione di esecuzione.

The aim of the paper is to analyse the Implementing Decision (EU) 2022/382, which enacted the Temporary Protection Directive, as autonomously provided for in the domestic laws of the States. In particular, the study intends to highlight some limitations, first of all with regard to the subjective sphere of application of the decision, which includes only Ukrainian nationals or nationals of other states who in Ukraine benefit from international protection, thus excluding other individuals who, regardless of their nationality, are legally resident in Ukraine, to whom the Member States may decide whether to provide temporary protection or another type of protection. In this regard, this critical issue, and in general the state's discretion on the scope of application ratione personae, is likely to have repercussions, as argued in doctrine, also on burden-sharing between Member States.