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Extended temporary protection for people displaced from Ukraine

by Małgorzata Kolasa-Dorosz

31 October 2023

According to Council Implementing Decision (EU) 2023/2409 of 19 October 2023, the existing temporary protection of people displaced from Ukraine in the EU territory has been extended until 4 March 2025.

Temporary protection first applied for an initial period of one year, until 4 March 2023, and was then extended for one additional year until 4 March 2024. The most recent decision of the EU Council extends the temporary protection of the displaced for another year, i.e. until 4 March 2025.

The Council has justified the extension of the temporary protection for another year by:

the high number of people displaced from Ukraine who benefit from temporary protection (the decision mentions that the number stands at about 4 million across the EU),
the low numbers of people reporting having returned to Ukraine on a permanent basis,
the continued risk of escalation of the Russo-Ukrainian conflict due to heavy fighting in Ukraine.

EU Council decision in the context of the Polish Special Ukrainian Act

The EU Council's decision does not automatically amend the Polish Act of 12 March 2022 on Assistance to Citizens of Ukraine in Connection with an Armed Conflict in that State (so-called Special Ukrainian Act). At present, those covered by the Polish Special Act may legally stay in Poland generally until 4 March 2024.

We will monitor the Special Ukrainian Act for any amendments following the extension of the temporary protection by the EU Council's decision. For more information feel free to contact our experts.

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Małgorzata Kolasa-Dorosz

Lawyer (Poland)

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