MIX International Online Seminar Series: The Danish Special Act on Ukrainian Displaced Persons – Refugee Protection or Residence as Migrants?

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The Danish contribution to responsibility sharing in the context of the war in Ukraine is regulated by the Special Act on Ukrainian Displaced Persons, passed in Parliament on 16 March 2022. Due to its general opt-out regarding the EU Justice and Home Affairs (JHA), Denmark is not bound by the EU Temporary Protection Directive (TPD), which has otherwise been activated by EU countries in response to the refugee influx from Ukraine. The Special Act, however, is inspired by the TPD and bears some similarity to it. The Act allows for displaced persons from Ukraine to apply for a temporary residence permit outside of normal asylum and migration regulations and procedures. Persons granted a residence permit under the Act are provided with a range of rights on residence and integration, beyond those normally associated with asylum or the legal position of aliens in general. The legal position of Syrians and other (war)refugees fleeing situations similar to that of the conflict in Ukraine is entirely different, as they are exempt from the catalogue of rights included under the Act. It is argued, therefore, that the Special Act may be seen as constituting direct discrimination.
Periode1 mar. 2023