The European Union is contemplating aligning its temporary protection policies for Ukrainian men of conscription age with Ukraine’s own legislation regarding their ability to leave the country. This potential shift is expected to take effect from March 2028, according to multiple EU diplomats familiar with the discussions.
The proposed framework suggests that individuals barred from leaving Ukraine under its laws would similarly lose access to temporary protection in the EU. As one diplomat noted, “The burden of decision-making rests with Ukraine.”
Under current Ukrainian law, men aged 23 to 60 are prohibited from exiting the country unless they meet certain exceptions. These stipulations may form the basis for future EU restrictions, although exceptions recognized by Ukraine are also likely to be considered.
Legal experts, such as migration law attorney Yuliya Zelvenska, indicate that limiting protection for individuals who have violated Ukrainian mobilization laws could provide a legally sound response to EU capitals seeking to restrict temporary protections without risking discrimination. Zelvenska stated, “It is legally more logical to approach this by focusing on individuals who have breached Ukrainian exit laws or crossed borders illegally. However, this should not be limited to men but should include anyone lacking the right to cross borders legally for an indefinite period.”
Currently, the European Commission has yet to formalize any proposals, with discussions centering on new arrivals rather than those already holding temporary protection status in the EU. Diplomats and officials emphasize that the practical implementation of such measures may prove challenging, particularly in determining individual rights to leave Ukraine and applying exceptions for vulnerable groups.
Reaching a consensus on these issues before the end of July, coinciding with the start of the EU’s summer break, may be difficult, according to one diplomat.
Earlier reports indicated that EU member states had abandoned the idea of categorizing Ukraine into “safe regions” but continue to explore the possibility of narrowing temporary protection for men of conscription age. Two primary scenarios are currently under consideration: either extending the temporary protection mechanism unchanged or continuing it with restrictions for specific categories of new applicants.
The directive on temporary protection was activated following Russia’s full-scale invasion in 2022 and is set to remain in effect until March 2027.
The EU is exploring changes to its temporary protection policies for Ukrainian men, potentially aligning them with Ukraine's exit laws. This may involve restrictions based on legal eligibility to leave the country, raising complex implementation challenges.