The March 2022 CIDOB opinion discusses the humanitarian refugee crisis resulting from the conflict in Ukraine and its implications for the European Asylum System (SECA). Three weeks into the conflict, over three-and-a-half million Ukrainians have crossed borders, fleeing Russian invasion, with an increasing number of internally displaced persons. The crisis has sparked a positive response from EU states and member countries, which have opened their doors to refugees and been proactive in managing the influx.
Key measures taken include bypassing the Dublin Regulation, which usually governs asylum claims, due to the visa-free travel privileges for short-term stays in the EU for Ukrainian citizens. This allowed Ukrainian refugees to enter freely with their passports and move around the Union without restrictions or changes to existing laws.
The EU and its member states also activated the 2001/55/CE Directive on temporary protection, which offers almost automatic international protection to Ukrainian refugees without going through the lengthy asylum process. This measure allows immediate integration into host countries' systems and access to the job market, marking a significant precedent. However, the directive is outdated, with limited scope for states' individual control, and it may need updating to better manage future crises.
In the coming months, a key question will be whether the choice of country for Ukrainian refugees remains intact or if mechanisms for intra-European redistribution of refugees are implemented, especially if the numbers continue to rise and concentrate in border countries with less robust hosting capacities. This situation could lead to countries like Poland and Hungary, previously skeptical of such mechanisms, seeking solidarity within the EU.
The crisis might also spur discussions on a permanent mechanism for redistributing refugee burdens among EU states, which could become a central component of the SECA. This would enhance the system's resilience to large-scale migrations by sharing responsibility among member states and reducing pressure on countries acting as gatekeepers for the EU, such as Turkey, Morocco, or Libya.
Additionally, the crisis highlights the need for legal and secure pathways for accessing international protection from outside the EU, a feature currently absent from the SECA. Establishing safe corridors for refugees, evacuation operations, and embassies' role in supporting reunification and asylum processes are essential tasks ahead. These developments are crucial for reviving the coherence and effectiveness of the European migration and asylum policies.
