Following the EU Response to the Russian Invasion of Ukraine? The Implementation of the Temporary Protection Directive in Poland
Following the EU Response to the Russian Invasion of Ukraine? The Implementation of the Temporary Protection Directive in Poland

Summary/Abstract: In 2022, upon the unexpected activation of the Temporary Protection Directive (TPD) by the Council Implementing Decision 2022/382, the Member States had to revive the EU law that had not been used for over 20 years. Poland adopted a new law that was aimed at offering extended rights to Ukrainian nationals and their family members. Other persons enjoying temporary protection under EU law were offered general protection available in Poland since 2003. This contribution sets out to answer the question of whether Poland followed the TPD and the Council Implementing Decision 2022/382 in its two-way response to the Russian invasion of Ukraine. The article is based on a comparative analysis of Polish and EU law, doctrinal views concerning temporary protection and available information about domestic practice. It focuses on the following areas of interest: eligibility for temporary protection, residence permits, accommodation, family reunification, returns and measures after temporary protection ends, and remedies. The analysis conducted showed that Polish law on temporary protection is not fully compatible with the respective EU law. In the selected areas of interest, Poland either did not thoroughly follow the Council Implementing Decision 2022/382 or did not meet the minimum standards arising from the TPD.

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