EU proposes to deny protection to Ukrainian men of fighting age while extending stay for others to 2028

Proposal details

The European Commission proposed on Friday to prolong the temporary protection regime for Ukrainians who fled the war by one year, pushing the expiry from March 2027 to March 2028. At the same time, it wants to close the door to men of fighting age (23 to 60 years) who arrive after the new rules take effect and who are not authorized by Ukrainian authorities to leave the country. Those already under protection would be unaffected. The affected men would instead have to apply for regular asylum, which is reviewed individually and offers lower chances of success.

Temporary protection should not be granted to newly arriving persons who are not authorized to leave Ukraine in view of their military obligations. This is something the Ukrainians asked us to do.

The proposal also introduces a pilot programme to support Ukrainians who wish to return home voluntarily with practical help in areas such as jobs, housing and education.

Ukraine’s request and manpower crisis

Kyiv formally asked Brussels for the restriction as it struggles with severe manpower shortages. President Volodymyr Zelenskyy has said the country mobilizes up to 34,000 men a month, yet the army can barely replace losses because of a high number of draft evaders. Defence Minister Mychajlo Fedorov said authorities are searching for more than two million men who are evading the draft.

Men between 23 and 60 are subject to an exit ban under Ukraine’s martial law, although conscription currently applies only from age 25. Exceptions exist for fathers of at least three minor children and those medically unfit for service, and those exemptions would also be recognized under the EU proposal.

Reactions and concerns

The move drew immediate criticism from the Council of Europe’s human rights commissioner, who warned against eroding support for displaced Ukrainians.

To avoid a protection gap for millions of displaced Ukrainians across the continent, Europe’s welcome in 2022 must be matched today by a renewed commitment. Now is the time for more solidarity, not less.

O’Flaherty added that conditions in Ukraine still do not allow a safe and dignified return. Meanwhile, several EU member states, especially Germany, Poland and the Czech Republic, the three largest hosts, have backed the restriction. German Interior Minister Alexander Dobrindt signalled support earlier this month, and Chancellor Friedrich Merz had previously urged Kyiv to keep military-age men at home.

I asked him to ensure that these young men stay in the country because they are needed there and not in Germany.

What happens next

The current EU rules run until 4 March 2027, but the Commission’s proposal could be adopted earlier. EU interior ministers are expected to discuss it at a meeting in early July, and approval is seen as likely. Once the member states give their green light, the new restrictions would apply to men arriving thereafter.

Profile of the displaced

More than 4.3 million Ukrainians currently benefit from the EU’s Temporary Protection Directive, which has been rolled over several times since it was activated shortly after Russia’s full-scale invasion in February 2022. The scheme grants residence permits, access to employment, social welfare, education and healthcare.

Adult men make up about 27% of beneficiaries, with women accounting for 43% and minors 30%, according to EU data. Germany alone hosted roughly 1.28 million Ukrainians under the simplified rules at the end of April, the largest contingent in the bloc.