Implementation

The Labour Migration Policy Index (LMPI) aims to assess on a national level the mechanisms which allow employers to meet their labour needs, and which provide favourable conditions for migrant workers. The LMPI focuses on assessing the formal rules and regulations of labour migration programmes, as opposed to actual policy implementation and migration outcomes, which are more difficult to evaluate. The LMPI considers two fields of labour migration policy -- Administration and Entry Mechanisms, and Migrant Worker Entitlements. Each of these two fields is divided into two ‘macro indicators’, for example, ‘Administrative mechanisms’ and ‘Entry mechanisms’. The LMPI only assesses migration programmes in a limited number of countries. In order to ensure some geographical balance, research has been conducted on the following thirteen countries: Australia, Canada, Germany, India, Italy, Japan, New Zealand, Norway, Singapore, Spain, the United Arab Emirates, the United Kingdom and the United States.

This report presents the main findings of the European Migration Network (EMN) study on the application of the Temporary Protection Directive (2001/55/EC) in 2023. The study explores some developments, challenges, and good practices relevant to the application of the Temporary Protection Directive (TPD) in EMN Member Countries in the first half of 2023. Since 24 February 2022, Russia’s war of aggression against Ukraine has created a situation of mass arrivals of displaced people from Ukraine to the European Union (EU) and other countries surrounding Ukraine. The war caused large flows of people to leave Ukraine in search of safety, with crossings at EU external borders peaking at 800 000 weekly entries from Ukraine and Moldova during the early months of the war.4 The EU Member States bordering Ukraine and Moldova were the first to respond to the crisis. Following the call of Minis- ters for Home Affairs, on 2 March 2022, the European Commission proposed to activate the TPD. On 4 March 2022, the Council adopted an Implementing Decision7 establishing temporary protection for displaced persons from Ukraine, activating the TPD for the first time since its adoption in 2001. This was a key component of the EU’s unified response. As per Article 2(2) of the Council Decision, temporary protection covers not only displaced Ukrainian nationals re- siding in Ukraine on or before 24 February 2022 and their family members, but also stateless persons and nationals of third countries other than Ukraine who benefitted from international protection or equivalent national protection in Ukraine before 24 February 2022 and their family members. As per Article 2(2) of the Council Decision, EU Member States should provide either temporary protection or adequate protection under national law to stateless persons and nationals of third countries other than Ukraine legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who were unable to return in safe and durable conditions to their country or re- gion of origin. Article 2(3) gives Member States the option to provide temporary protection to other persons, including stateless persons and nationals of third countries other than Ukraine who were residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin. Several EU Member States also extended the scope by providing temporary protection to Ukrainian nationals already legally present in that EU Member State and to those who moved shortly before 24 February 2022. In accordance with Article 4(1) of the TPD, the duration of temporary protection is of a period of one year. Unless ter- minated under the terms of the Directive, the duration may be – and indeed has been – automatically extended by six-month periods for a maximum of one year, i.e. to March 2024. The European Commission’s Operational Guidelines9 recommended that EU Member States issue residence permits for the full possible duration of two years, i.e. until March 2024. After the first automatic extension until March 2024, the Council of the European Union announced on 28 September 2023 that temporary protection would be extended until 4 March 2025 and on the 25 September 2024 another extension was granted until 4 March 2026

Le projet MITRANS vise à rendre compte des transformations des modèles migratoires confrontés aux processus de mondialisation. Notre projet prend en compte non seulement l'intensification des échanges et des flux, mais également la politique des Etats et les effets de la fermeture des frontières. Il se propose d'étudier les stratégies des migrants qui vivent de façon prolongée dans une situation de liminarité et de décrire les sens variables que prend l'errance en fonction des territoires traversés. Sur le plan empirique, ce projet prend en compte la diversité des destinations : territoires de départ, de destination, de transit et de passage. Démarche comparative et multi-située. Quatre axes thématiques : politiques migratoires des Etats et politiques publiques d'accueil dans les lieux de passage ; ancrage dans les espaces locaux et développement de réseaux transnationaux ; Trajectoires migrantes et configurations urbaines ; le transit comme source de catégorisation, de valeurs et d'identités nouvelles.