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Temporary Protection Directive

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The Temporary Protection Directive (TPD; Council Directive 2001/55/EC) is a 2001 European Union directive providing for immediate, temporary protection for displaced people from outside the external border of the Union , intended to be used in exceptional circumstances when the regular EU asylum system has trouble handling a "mass influx" of refugees . It was introduced in the aftermath of the Yugoslav Wars , but was not used before 2022. When invoked, it requires EU member states to accept refugees as allocated based on their capacity to host them, following a principle of solidarity and a "balance of efforts" among member states.

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63-869: On 3 March 2022, in response to the refugee crisis caused by the 2022 Russian invasion of Ukraine , EU ministers unanimously agreed to invoke the Temporary Protection Directive for the first time in its history. With the entry into force of the Treaty of Amsterdam on 1 May 1999, the European Union gained authority to legislate in the areas of migration and asylum policy. At the European Council meeting held in Tampere in October 1999, several legislative instruments instituting

126-518: A Common European Asylum System (CEAS) were proposed. Together with the other instruments, the Temporary Protection Directive was passed in 2001 in the aftermath of the Yugoslav Wars . The directive has been in effect since 7 August 2001, but was not invoked until 2022. The Temporary Protection Directive aims to harmonise European Union policies with respect to displaced people and increase solidarity and collaboration between member states in

189-1010: A blog in September 2010 by Benjamin Wittes (a former editorial writer for The Washington Post ), Harvard Law School professor Jack Goldsmith , and University of Texas at Austin law professor Robert Chesney . Goldsmith was the head of the Office of Legal Counsel in the George W. Bush administration 's Justice Department , and Chesney served on a detention-policy task force in the Obama administration . Its writers include law professors, law students, and former George W. Bush and Barack Obama administration officials. On June 28, 2023, Wittes said that Lawfare has become "a full-featured multimedia magazine" rather than blog. Lawfare 's coverage of intelligence and legal matters related to

252-440: A refugee crisis . The directive discusses procedures for triggering and ending temporary protection, rights of people under temporary protection, and special provisions for specific categories of people (survivors of trauma, unaccompanied minors , and potential security threats). Temporary protection, which is distinct from asylum , can last up to three years depending on circumstances. People under temporary protection can obtain

315-522: A residence permit without the complicated bureaucracy normally associated with seeking asylum. They are allowed to work and access social welfare , and are entitled to protection throughout the EU. Children must be allowed to access education the same way as EU residents. To invoke the directive, the European Commission must first make a proposal to member states, and a qualified majority of

378-532: A critical view of Russia's invasion, due to its own internal conflict with Russian-backed Transnistria . The government of Moldova is providing free bus rides, and Romania has assisted Moldova with moving people onwards into Romania, in order to relieve the pressure in Moldova. On 12 March, Germany agreed to take 2,500 refugees who were in Moldova. On 5 March, Germany announced it will take an additional 12,000 refugees. Some Ukrainian refugees have also gone to

441-904: A later interview for France Inter he denounced alleged claims of racism of Ukrainian and Polish serviceman as "Russian propaganda" and part of Russia's information warfare . (See also § Racial discrimination .) Many observers believe that most are likely to stay in Poland and other Central European countries because "tight labor markets, affordable cities and a pre-existing diaspora have made those countries more appealing alternatives for Ukrainians, who find options slimmer in Europe's west". The number of refugees arriving to Poland have been unparalleled in Europe. Modelling estimates show that by 1 April, Ukrainian people (including refugees but also those previously living in Poland) made up between 15% and 30% of

504-623: A law came into force in Hungary, restricting support to those Ukrainian refugees who have come from one of currently 13 regions in Ukraine which are, directly affected by military action. Those from the listed regions remain eligible for state support, which includes free housing and a basic monthly sum. Based on UN refugee agencies estimates, some 2,000 to 3,000 people will lose access to subsidised accommodation and will find it difficult to secure alternative properties to rent. Human rights groups said

567-653: A million refugees. By 25 July, more than 1.2 million Ukrainian refugees had been recorded in Poland. Poland greatly reduced the usual border formalities and said that various identity documents would be accepted . Assembly points for refugees have opened in every district of Poland. Local authorities are providing free accommodation, food, and other necessary supplies. Apart from that, a huge number of citizens and organisations are voluntarily offering assistance, free accommodation and other help. Websites with information for refugees are also in Ukrainian. The government

630-745: A system of quotas of displaced persons, but left it to the beneficiaries to choose their destination freely. The Austrian Interior Minister Gerhard Karner from the ÖVP and the Federal Chancellor Karl Nehammer announced that Austria was willing to take in refugees from Ukraine. All refugees are allowed to stay in the country for 90 days. Of 150,000 Ukrainian refugees having arrived in Austria, about 7,000 have applied for asylum, with most proceeding to other countries. On 25 February, Belgian State Secretary for Asylum and Migration Sammy Mahdi called for Europe to coordinate

693-622: A €600 million loan to the Aid Fund, after authorizing an initial €2 billion loan in June. The fund is distributed by Bank Gospodarstwa Krajowego (BGK) to local governments and other public bodies that welcome and house Ukrainian migrants. As of 27 May, the Romanian government had reported 989,357 Ukrainians entering Romania. Romanian Defence Minister Vasile Dîncu announced on 22 February that Romania could receive 500,000 refugees if necessary;

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756-458: Is a friend of Wittes, and how those interactions related to Comey's subsequent firing . Wittes also provided a 25-minute interview to PBS NewsHour on the same subject. According to him, Trump's hug "disgusted" Comey. Wittes said Comey was not expecting a hug, adding "It was bad enough there was going to be a handshake." Several Lawfare contributors argued that Trump's reported disclosure of classified intelligence to Russia in mid-May 2017

819-431: Is not available, refugees registered as living in that country. Numbers of refugees can change quickly and are often only estimates. Movements from country to country are not necessarily registered officially. Ukrainians are allowed to travel to some countries in Europe without a visa and may be allowed to stay in the country for a longer period, without special permission. Elsewhere, they have to apply for asylum . Due to

882-596: Is preparing legal changes that would simplify the employment of Ukrainians in Poland, since currently a working visa is required as Ukrainians are from outside of the EU. President of the European Council Charles Michel visited the Polish-Ukrainian border crossing on 2 March and praised Polish efforts "to guarantee safe passages for Ukrainians, for European citizens" and those from other countries "without any discrimination." In

945-501: Is providing financial, humanitarian and other types of aid to Ukrainian refugees as well as state accommodation and free education for their children. The Czech Republic had received over 100,000 Ukrainian refugees by 7 March 2022, approximately 200,000 by 10 March 2022, over 270,000 by 17 March 2022, with the number rising to over 300,000 by 23 March 2022 and relatively slower rise afterwards. By 1 April 2023, altogether 504,107 Ukrainian individuals had been granted temporary protection in

1008-519: Is the first of its kind in Europe since the Yugoslav Wars in the 1990s, as well as the fourth largest refugee crisis in history, and is the largest refugee crisis of the 21st century, with the highest refugee flight rate globally. The vast majority of refugees initially entered neighbouring countries to the west of Ukraine ( Poland , Slovakia , Hungary , Romania , and Moldova ). Around 3 million people then moved further west to other European countries. As of 18 July 2023, according to UNHCR data,

1071-657: The CEO of Ukrainian Railways , which operates the majority of train services in Ukraine, estimated that within three weeks of the start of the invasion, the network had transported 2.5 million passengers. He also said at its peak, the network transported 190,000 people a day. To ensure trains can travel as safely as possible, the network had to constantly adapt to situations on the ground, such as if tracks are damaged by bombs or if they are no longer under Ukrainian control. Trains have to move slower because they are often overloaded to fit as many people as possible, as well as minimising

1134-478: The Council of the European Union (generally at least 55% of EU countries, representing at least 65% of the union's total population) needs to vote in favour. The directive is intended to be invoked in the event of a "mass influx" of refugees; the definition of "mass influx" was intentionally left vague and is meant to be defined on a case-by-case basis, in order to allow flexibility in its application. When invoked,

1197-707: The Czech Prime Minister had said: "Czech Republic can no longer accept refugees from Ukraine". However, someone had mistranslated his Czech quote: "We are at the very limit of what we are capable of absorbing without any major problems (...) we must continue in the steps that will allow us to cope with more high numbers". The BBC later corrected the mistranslation. By 25 March, the Danish authorities had registered around 24,000 Ukrainians as having arrived in Denmark, with roughly half being children. Because of

1260-574: The Russian government figures, 971,417 refugees had gone to Russia by 26 May. In March, the Ukrainian foreign ministry alleged that 2,389 Ukrainian children had been abducted from Russian-occupied territory in Donetsk and Luhansk, and transferred to Russia, as well as "several thousand" residents of Mariupol. Near the end of April it was reported that Ukrainian officials believed the number of Ukrainian children forced from eastern Ukraine and entered into

1323-543: The Schengen arrangements , having entered any Schengen country, refugees can travel on to other Schengen countries without any visas or border checks. The United Nations Office for the Coordination of Humanitarian Affairs estimated on 27 February 2022 that in two months there would be 7.5 million internally displaced people in Ukraine, 12 million people would be in need of healthcare and the number of people fleeing

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1386-546: The Trump administration has brought the website significant increases in readership and national attention. In January 2017 President Donald Trump tweeted "LAWFARE" and quoted a line from one of its posts that criticized the reasoning in the Ninth Circuit Court of Appeals ruling that blocked Trump's first refugee-and-travel ban . The Lawfare piece called the ban "incompetent malevolence". Trump tweeted

1449-613: The Czech Republic (0.4 million). The communications chief of the UN High Commission for Human Rights called the speed of the exodus of refugees from Ukraine "phenomenal". A study by the UN agency International Organization for Migration released on 21 March 2022 found that 13.5% of displaced people had also been displaced in 2014–2015. The study found that 60% of refugee households were traveling with children, and of

1512-456: The European Union, comparatively low asylum claim success rate, and media neglect. More than a million of the pre-2022 refugees, mainly from Donbas , had gone to Russia between 2014 and 2016, while the number of people displaced within Ukraine had grown to 1.6 million people by early March 2016. For many refugees heading westward, trains played a vital role in the journey within Ukraine and into neighboring countries. Oleksandr Kamyshin ,

1575-640: The German government. Amid the 2015 European refugee crisis , the UNHCR , some members of the European Parliament , and activists called for the directive to be invoked. EU foreign policy official Josep Borrell discussed the possibility of invoking the directive in 2021 to aid Afghan refugees following the United States military's withdrawal from Afghanistan . There has been discussion of

1638-552: The Irish government stated its desire to opt in, which was accepted by the European Commission. However, as of 2016 the Irish government has not transposed the directive. In March 2022, the Council of the European Union invoked the Temporary Protection Directive for the first time in its history, in response to the refugee crisis caused by the Russian invasion of Ukraine . The European Commission proposed invoking

1701-598: The Russian Federation itself." The United States Department of State estimated that at least 900,000 Ukrainian citizens have been forcibly relocated to Russia. More than 4.5 million Ukrainians have returned to Ukraine since the beginning of the invasion. European Union (EU) countries bordering Ukraine have allowed entry to all Ukrainian refugees, and the EU has invoked the Temporary Protection Directive which grants Ukrainians

1764-798: The Russian adoption system totalled around 150,000. It had been previously reported by Russian media on that children without parents in Donetsk were being placed with Russian parents through their adoption network. Amnesty International reported that "The abusive and humiliating process known as 'filtration' is a shocking violation of international human rights and humanitarian law. Our research shows that many displaced Ukrainians end up inside Russia or Russia-occupied territories involuntarily, even if they are not physically forced to move. Deportation and forcible transfer of civilians in occupied territory are prohibited by international humanitarian law and can constitute war crimes or crimes against humanity." From

1827-430: The UN said that Moldova was "hosting an estimated 95,000 Ukrainians." According to Médecins Sans Frontières , the majority of refugees who do not stay continue on to Romania, Poland or other European countries. Moldova received the highest number of refugees per capita of any country despite being one of Europe's poorest countries. According to Middle East Eye , this has led to social tensions, and international aid

1890-472: The authorities amid expectations that the number will rise to around 40,000 after Easter . Lawfare (website) Lawfare is an American non-profit publication dedicated to national security issues, produced by The Lawfare Institute in cooperation with the Brookings Institution . It has received attention for articles on Donald Trump's presidency . Lawfare was founded as

1953-534: The border with Slovakia and Hungary. From Medyka, most refugees continue to Przemyśl , Poland, and onward to the rest of Europe. Other major border crossings included Siret , Romania; Ocnița and Palanca , Moldova; Beregsurány , Hungary and Vyšné Nemecké , Slovakia. * Note: Numbers for Russia include Ukrainians recorded for all forms of stay in 2022, as well as 64,500 granted refugee or temporary asylum status. Figures for other countries are refugees registered for protection in each country or, if this figure

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2016-547: The countries in which the largest numbers of Ukrainians had applied for asylum, or other temporary protection, were Poland (1.6 million), Germany (1 million) and the Czech Republic (0.54 million). As of September 2022, Human Rights Watch documented that Ukrainian civilians were being forcibly transferred to Russia. The UN Human Rights Office stated "There have been credible allegations of forced transfers of unaccompanied children to Russian occupied territory , or to

2079-498: The country by late May 2022. Approximately one-quarter of the country's total population had left their homes in Ukraine by 20 March. 90% of Ukrainian refugees are women and children, while most Ukrainian men between the ages of 18 and 60 are banned from leaving the country. By 24 March, more than half of all children in Ukraine had left their homes, of whom a quarter had left the country. The invasion caused Europe's largest refugee crisis since World War II and its aftermath ,

2142-438: The country, of whom 325,742 had applied for extension of their refugee status beyond March 2023. 68% of the refugees were of working age, of whom 65% were female and 35% male, 28% were children and 4% elderly. In summer 2022, the country hosted the largest number of Ukrainian refugees per capita of any European country. A network of Regional Centres for Help and Assistance to Ukraine ( Krajská asistenční centra pomoci Ukrajině )

2205-524: The crisis, and individual member states have announced specific requirements for how refugees can apply for protected status. It was reported that the directive would include "non-Ukrainian nationals and stateless people legally residing in Ukraine", if they are unable to return to their home countries. Although Denmark is not bound by the TPD, Danish authorities have announced a similar "Special Act Status" for Ukrainian refugees. The legal blog Lawfare said it

2268-459: The day after the Russian invasion, the Cypriot interior ministry reported; 19 of these had sought asylum. By April 2022 their number was around 10,000, while by April 2023 it had reached 17,000. According to Eurostat, Cyprus had the highest ratio across EU member states of Ukrainian citizens granted temporary protection for February 2023. In April 2024 the number was 18,500. The Czech Republic

2331-515: The directive benefits neither EU member states nor refugees themselves, and that its mechanisms contain problems. 2022 Ukrainian refugee crisis Post-Minsk II conflict Attacks on civilians Related An ongoing refugee crisis began in Europe in late February 2022 after Russia's invasion of Ukraine . Over 6 million refugees fleeing Ukraine are recorded across Europe, while an estimated 8 million others had been displaced within

2394-421: The directive compels all member states (except Denmark, which has an opt-out clause) to accept refugees, issue residence permits, minimise red tape , and take other steps to assist displaced people. Refugees are to be distributed among member states on a voluntary basis, based on member states' capacity to host them. The directive originally did not apply to Ireland due to its opt-out clause, but on 11 April 2003,

2457-400: The directive in the context of climate refugees , but it is thought that it would probably not be applicable due to the gradual nature of climate change . In 2020, a proposed regulation stated that the Temporary Protection Directive "no longer responds to member states’ current reality" and should be repealed. John Koo, a lecturer in EU law at London South Bank University , has argued that

2520-403: The directive on 2 March 2022, and EU ministers unanimously agreed to invoke it on 3 March. The decision was unanimous despite the fact that Hungarian minister Gergely Gulyás had expressed opposition hours before the decision. The Council formally activated the directive on 4 March 2022. The European Commission published guidelines for how member states should implement the directive in light of

2583-423: The excerpt minutes after the line was quoted on Morning Joe . Wittes, who supported the court ruling, criticized Trump for the tweet, asserting that Trump distorted the argument presented in the article. On May 18, 2017, Lawfare 's editor-in-chief Benjamin Wittes was the principal source of an extensive New York Times report about President Trump's interactions with FBI Director James Comey , who

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2646-514: The first refugees arrived two days later. On 15 March, Minister of Foreign Affairs Bogdan Aurescu reported that about 80,000 remained in the country. Some ethnic Romanians are among the Ukrainians who have fled to Romania. According to the Ukrainian authorities, Russian troops in the territories of Ukraine occupied by Russia are engaged in the forcible deportation of people from Ukraine to Russia, passing them off as refugees. According to

2709-518: The invasion of Ukraine, the Commission has called upon member states to authorise the entry and stay of those without biometric passports on humanitarian grounds, and member states had done so since the refugees started to arrive across the borders. On 4 March, the Council of the EU unanimously agreed to implement the Temporary Protection Directive for the first time in its history, so that refugees fleeing from Ukraine do not have to go through

2772-504: The legal right to reside and work across the European Union. They are also entitled to the same benefits as Poles, including health insurance, free public education, and child allowance. Less than a month after the invasion, the Polish government established the Aid Fund, run by Bank Gospodarstwa Krajowego , which funds all actions and programs aimed at assisting and integrating Ukrainian refugees. The European Investment Bank has made

2835-400: The nearly 10 million people displaced within and outside Ukraine on that date, 186,000 were nationals of a third country. Neighbouring countries are listed in order of the number of refugees who have entered them; others are listed alphabetically. As early as 15 February, Poland was expecting a possible Russian attack on Ukraine. The Polish government asked communities to prepare for up to

2898-490: The population of each of the major Polish cities. For example, Ukrainians accounted for 10% of the total population of Wrocław before the war and this figure had increased to 23% by April 2022. Poland has taken in almost 1.5 million Ukrainian refugees. The migration has resulted in a 50% rise in the population of Rzeszów , the largest city in south-eastern Poland. Warsaw 's population has increased by 15%, Kraków 's by 23%, and Gdańsk 's by 34%. Ukrainian refugees have

2961-525: The reception. Two days later, Development Minister Meryame Kitir announced that three million euros would be allocated for additional humanitarian aid to Ukraine. By 17 March, 10,000 refugees had registered for temporary protection in Belgium. By 14 April, 30,807 refugees had been registered in Belgium. Up to 5 March, roughly 25,000 Ukrainian refugees had arrived in Bulgaria. By 12 March, their number

3024-591: The refugees continued further west, mainly to the Czech Republic. About 80,000 refugees have settled so far in Slovakia. According to Belarusian government figures, 30,092 had gone to Belarus by 29 May. Ukraine has an Association Agreement with the European Union and since 2017 Ukrainians with biometric passports have had the right to 90 days visa-free stay in the Schengen Area. Following

3087-683: The right to stay, work, and study in any European Union member state for an initial period of one year. Some non-European and Romani people have reported ethnic discrimination at the border. Before the invasion, the annexation of Crimea by the Russian Federation and the war in the Donbas , both of which are aspects of the Russo-Ukrainian War , had already resulted in over two million refugees and internally displaced persons since 2014. They have been referred to as Europe's forgotten refugees by some media, due to their cool reception in

3150-599: The risk of hitting damaged tracks. At night, trains also turn off their lights to reduce the chance of being targeted. Railway companies in several European countries, including Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Lithuania, the Netherlands, Poland, Romania, Slovakia and Switzerland, allowed Ukrainian refugees to travel by train for free. Other refugees traveled by motor vehicles or on foot. In some border crossings, traffic jams of several kilometres long formed. Air travel

3213-443: The standard European Union asylum procedure . Temporary protection is an emergency mechanism which gives the right to stay in an EU member state for an initial period of one year, which may be extended for up to a maximum of three years. The beneficiaries enjoy harmonised rights across the EU such as residence, access to the labour market and housing, medical assistance, and access to education for children. The Council did not adopt

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3276-569: The start of the Russian invasion up to 26 July, 1,041,762 refugees from Ukraine had arrived in Hungary. As there are no border checks within the Schengen area, Hungary does not know how many people have moved to other Schengen countries. 500 people from third-party countries arrived by train in Budapest and asked the police for help; these were mostly students or migrant workers from Asia and Africa who had been living in Ukraine. On 21 August 2024

3339-460: The unrecognized breakaway state of Transnistria. The state-owned newspaper Novosti Pridnestrovya reported on 4 April that a total of around 27,300 Ukrainian citizens had arrived in Transnistria, of whom 21,000 had applied for temporary residence permits. As of 8 March, Slovakia had taken in over 140,000 people. By 26 July, 627,555 Ukrainian refugees had entered Slovakia. However, most of

3402-523: The visa-free rules for Ukrainians and the borders being largely open, with only sporadic controls, the exact number is unknown. The authorities have projected that the number may eventually surpass 100,000 if the war is drawn out. Ukrainian citizens, their close relatives and non-Ukrainians that already had refugee status in Ukraine can receive a two-year residence permit (with the possibility of extension) without having to first request asylum. By 1 April, about 30,000 refugees had reached Denmark according to

3465-563: The war could reach 4 million. The United Nations High Commissioner for Refugees (UNHCR) stated that the situation was Europe's fastest growing refugee crisis since the Second World War. By early November, according to the UNHCR, the number of Ukrainian refugees recorded across Europe was around 7.8 million. The countries receiving the largest numbers of refugees were Russia (2.9 million), Poland (1.5 million), Germany (1 million) and

3528-692: The worst affected are Roma from the Transcarpathian region, who are living in shelters which will now close. Moldova was among the first countries to receive refugees from the Odesa and Vinnytsia regions. Moldovan authorities have activated a centre for crisis management to facilitate accommodation and humanitarian relief for refugees. As of 26 July, 549,333 Ukrainian refugees had entered Moldova. Prime Minister of Moldova Natalia Gavrilița said on 5 April that 100,000 refugees are staying in Moldova, with almost half of them being children. On 11 April,

3591-495: The years since it was passed. In 2011, the EU received more than 300,000 refugees, partly due to the First Libyan Civil War . The Italian and Maltese governments argued for using the Temporary Protection Directive, and the European Commission discussed invoking it to address tension between Italy and France over their differing refugee policies. However, the directive was not invoked, partly due to opposition from

3654-575: Was "perhaps the gravest allegation of presidential misconduct in the scandal-ridden four months of the Trump administration". The column further alleged that Trump's reported actions "may well be a violation of the President's oath of office ". Columnist David Ignatius described Lawfare as "one of the most fair-minded chroniclers of national security issues". The website has been criticized by attorney and journalist Glenn Greenwald . He said it has

3717-479: Was created in the regional capitals of the country to help refugees obtain registration, accommodation, health insurance or other assistance. On 17 March 2022, a law known as Lex Ukrajina was passed by Parliament to make it easier for refugees to obtain residence permits and access healthcare, which was followed by passing four follow-up laws in the following year. Also on 17 March 2022, some media, including Associated Press and BBC News, incorrectly reported that

3780-645: Was deemed crucial to help Moldovan institutions handle the influx of refugees. On 22 March, the Financial Times estimated that 4% of the Moldovan population were currently refugees, and reported that the government of Moldova had requested financial aid to cope with the emergency. At a conference in Berlin on 5 April, Germany and several partners, including France, Romania and the European Union, agreed to provide €659.5 million in aid to Moldova. Moldova has

3843-761: Was nearly 70,000. By 28 March, about 125,500. By 16 April, 185,055 Ukrainian citizens had entered Bulgaria, 87,439 remained in the country, of whom approximately 25,000 were children. The chairman of the State Agency for Refugees told the Bulgarian National Radio that as of 24 August, 91,903 Ukrainian refugees remained in Bulgaria, with nearly 40% of them being children. From the start of the Russian invasion to 4 September, 21,676 Ukrainian refugees entered Croatia, of whom over 49.9% were women, over 33.5% children and nearly 16.6% men. By 9 March, around 3,000 Ukrainian refugees had entered Cyprus since

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3906-431: Was not available in Ukraine as the country closed its airspace to civilian flights on the day of the invasion. The city of Lviv in the west of Ukraine became a key staging ground for refugees. Up to 100,000 refugees were arriving in the city every day, which prior to the invasion had a population of 700,000. From Lviv, trains transport refugees to border crossing points such as Medyka , Poland and Uzhhorod , close to

3969-476: Was surprising that the Council's decision was unanimous, pointing out that Hungary and Poland had opposed burden-sharing measures during the 2015 refugee crisis . Lawfare said that those countries' support for invoking the TPD in 2022 was probably driven by "popular sympathy for the Ukrainians, and the specter of further Russian westward expansion". The directive's possible use has occasionally been discussed in

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