Open Access
Why the Temporary Protection Directive was Activated: Solidarity, Geopolitics, and Humanitarian Considerations
Ur Europarättslig tidskrift 2026 2
Av Olena Chernenko, Martin Westlund
The activation of the Temporary Protection Directive (TPD) in 2022 was a historic first, granting immediate protection to millions of Ukrainians fleeing Russia’s invasion. The decision stands in contrast to the EU’s response during the 2015 migration crisis, when the same mechanism remained unused. This article examines the reasons behind the Directive’s activation and assesses how the decision was justified mainly through the language of solidarity, humanitarian considerations and political responsibility toward Ukraine rather than explicit human rights commitments. Ukraine’s long-standing process of integration with the EU helped position it as part of the European political community, reinforcing the sense of EU responsibility. This finding suggests that human rights protection has a conditional nature in EU migration law. If humanitarian responses are legitimised through vague notions of solidarity and strategic interests rather than rights-based obligations, protection risks becoming dependent on political proximity and perceived belonging to the European community.
https://doi.org/10.53292/8c345de7.66ba37a2
