Temporary Protection for Third-Country Nationals from Ukraine Extended Pending Council of State’s Ruling

The Dutch government has extended temporary protection for third-country nationals who fled Ukraine, pending a final decision by the Council of State expected in November 2023. This follows a legal challenge to the government’s earlier move to terminate this protection under the EU’s Temporary Protection Directive (TPD).

On Friday, 2 September 2023, Dutch Minister for Migration Eric van der Burg faced significant legal pressure to delay the termination of protections that were due to expire on 4 September. The extension ensures that individuals who escaped the war in Ukraine but do not hold Ukrainian citizenship remain protected while the legal appeal is under review.

This development comes in the wake of growing public outcry and legal mobilization against the government’s decision to end protection. Our legal action, challenging the legality of this decision under EU law, garnered wide media coverage and sparked a national and international debate. Human rights organizations, legal experts, EU officials, and politicians have weighed in, calling for greater accountability and adherence to the principles of non-discrimination and humanitarian protection enshrined in European legislation.

As a result of this mounting scrutiny, Minister van der Burg’s authority to unilaterally withdraw protection under the Return and Repatriation Directive (RTB) is now under close legal and political review. Critics argue that the decision may have breached the EU Temporary Protection Directive by creating a discriminatory distinction between Ukrainian nationals and third-country nationals who fled the same conflict.

The issue has drawn extensive media attention. DW Europe reporter Teri Schultz highlighted the story, noting on X (formerly Twitter) that when Russia invaded Ukraine, the Netherlands initially granted protection to all people fleeing the war, regardless of nationality. Now, the reversal of that inclusive policy is at the heart of an ongoing legal battle.

Major Dutch media outlets such as NOS, NU.nl, AD, EenVandaag, Trouw, ND, and VWN have also covered our protests and legal advocacy. Demonstrations in The Hague brought together affected individuals, lawyers, activists, and allies, emphasizing the urgency of equal protection for all refugees.

The Council of State’s forthcoming decision in November will be pivotal—not only for the thousands affected by the Dutch government’s temporary protection policy but also for broader EU legal standards regarding asylum and human rights protection.