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Temporary Protection at a Crossroads: Direct Effect, Social Assistance, and Post-TPD Legal Pathways

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The activation of the Temporary Protection Directive (TPD) in March 2022 marked a defining moment for the European Union’s crisis governance. For the first time, the EU deployed a supranational instrument capable of delivering immediate protection on a large scale, granting millions of displaced Ukrainians residence rights, a predictable legal status, and access to national welfare systems. The speed and scope of this response demonstrated the Union’s capacity to act collectively under conditions of exceptional urgency.

Three years into its implementation, however, temporary protection has evolved from an emergency response into a structural stress test for EU solidarity. The way in which its core guarantees are applied across Member States increasingly reveals tensions between supranational commitments and decentralised administrative practices. What is at stake is no longer only the effectiveness of a single instrument, but the credibility of EU-wide protection mechanisms in the face of future displacement crises — whether linked to ongoing conflicts, regional instability, or climate-related emergencies.

 

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