Temporary protection (protezione temporanea): rights and opportunities

Temporary protection, provided for by Directive 2001/55/EC, applies in the event of a mass influx of people who cannot return to their countries because of war, violence or serious human rights violations. This mechanism provides immediate, temporary protection for displaced persons and helps balance the burden among the EU Member States that receive them.

Applying temporary protection

Temporary protection is granted when the Council of the EU, on a proposal from the Commission, adopts a decision establishing a mass influx of displaced persons. It lasts one year and can be extended up to two years. Protection may end if the Council decides that the situation in the country of origin allows a safe return. People may be excluded from temporary protection if they are suspected of crimes against peace or other serious offences.

Effects of temporary protection

Member States must issue displaced persons with a residence permit (permesso di soggiorno) for the entire period of protection. These people have the right to:

• work;
• obtain housing;
• use social and health services;
• give their children access to school education.

Families that have been separated have the right to reunification. Unaccompanied minors are entitled to special accommodation and guardianship.

The work of the National Service

After Russia’s invasion of Ukraine in February 2022, Italy’s National Civil Protection Service activated the EU Civil Protection Mechanism. Italy’s efforts focused on providing humanitarian aid and receiving displaced persons. The state of emergency has been extended until the end of 2024 to continue supporting people from Ukraine.

Temporary protection explained

Temporary protection is an emergency form of support for people who left Ukraine after 24 February 2022. They are entitled to it if:

1. They are Ukrainian citizens or members of their families.
2. They are nationals of other countries who enjoyed international protection in Ukraine before 24 February 2022.
3. They hold a permanent residence permit in Ukraine and cannot safely return to their countries of origin.

Minors who arrived unaccompanied receive special accommodation and guardianship arrangements. The State that has granted temporary protection must also consider granting refugee status on a separate application.

End of temporary protection

When temporary protection expires, or while it is still in force, Member States must ensure the voluntary or, under certain conditions, enforced return of the people concerned. In enforced returns humanitarian reasons are taken into account, and minors or people in poor health have the right to stay until they finish their studies or their health improves.

Administrative cooperation and funding

The measures are funded by the European Refugee Fund. If a country’s reception capacity is exceeded, the Council of the EU may decide on additional support. Reception within the Sistema di Accoglienza e Integrazione (SAI, the Reception and Integration System) includes housing, social assistance and educational opportunities for social integration.

Conclusion

Temporary protection is an important tool for providing immediate support to people who leave their countries because of war. The mechanism helps share responsibility among EU countries and allows displaced persons to integrate quickly into new societies while receiving the help and protection they need.