EU interior ministers debate stripping Ukrainian men of conscription age from temporary protection

German Interior Minister Alexander Dobrindt, a CSU politician, spoke in favor of the exclusion. Before the meeting, Dobrindt acknowledged that member states had offered differing discussion contributions on the topic, but said in German that he was confident a regulation could be reached: "Er sei aber zuversichtlich, dass eine Regelung erreicht werden könne." He also noted that the influx of people of conscription age had increased in recent months.

EU Interior Commissioner Magnus Brunner said after the meeting that the protection status for Ukrainians should fundamentally be maintained, stating in German: "Grundsätzlich solle der Schutzstatus für die Ukrainer erhalten bleiben." However, he added, "Allerdings könnten neue Bedingungen daran geknüpft werden," signalling that the Commission could attach new conditions to the status rather than ending it entirely.

Brunner: protection should stay, but with conditions

Brunner also said Ukraine itself would welcome such a step. "Das würde sich auch die Ukraine wünschen," he remarked, noting that Kyiv struggles to recruit enough soldiers for the war against Russia. According to the facts, the government of President Volodymyr Zelenskyy has requested the EU measure because of these recruitment difficulties. In April, Zelenskyy told reporters in Berlin that the return of conscription-age men is a "Frage der Fairness."

Austria's Interior Minister Gerhard Karner said he was "sehr stark" in favor of ending automatic protection for men fit for military service, while Estonian Interior Minister Igor Taro expressed skepticism and called extending the Temporary Protection Directive in its current form without exceptions the best solution. Taro spoke in favor of holding direct talks with Ukraine. Brunner did not commit to a specific approach after the meeting but said the Commission wants to listen particularly to the most affected countries: Poland, Czechia, Germany, Austria, and the Baltic states.

According to Eurostat, as of 31 March a total of 4.33 million Ukrainians held the special protection status in the EU. Poland hosted just over 950,000 of them, or 22.2% of the EU total. Slightly more than a quarter of Ukrainians with protection status in the EU are adult men, according to EU figures.

Scale of Ukrainian protection in the EU

The current temporary protection status is valid until early March 2027. The directive, activated in March 2022 following Russia's full-scale invasion of Ukraine, was the first time the EU triggered this emergency mechanism. It differs from a standard asylum procedure in that there is no individual case-by-case examination and the protection is intended to be temporary. Dobrindt stressed that affected individuals would still be able to file an asylum application if protection status were withdrawn.

Those already present in host countries would not be affected by the proposed restriction, the facts state, and Ukraine imposes its own exit ban on men aged 23 to 60, with exceptions for categories such as athletes and journalists. Men become liable for military service at 18 but can only be drafted at 25, according to dpa, and since last summer men aged 18 to 23 have been permitted to leave the country, a change that temporarily increased the number of men departing Ukraine. Chancellor Friedrich Merz has repeatedly called on Ukraine not to let young men fit for military service leave the country so they can serve at home.

The reform requires a proposal from the European Commission, which must then be approved by a qualified majority of member states and the European Parliament. Brunner said he considers the restriction to have majority support and intends to draft a proposal "fairly quickly," presumably before August. The Commission also plans to consult with Ukraine on the matter, Brunner added, stating in German: "Außerdem wolle man sich auch mit der Ukraine dazu austauschen."

Procedure for the proposed reform

Norway, a non-EU country, has already introduced a similar rule, and Switzerland's protection status S, first activated in response to the Ukraine war, may also be affected. Swiss Justice Minister Beat Jans said it is "relativ klar," given Switzerland's Schengen association, that Bern would have to adopt any EU decision on the matter, warning that standing aside would create a "richtigen Pull-Faktor" for military-age Ukrainians.

Switzerland caught in the crossfire

The proposed changes come against a delicate backdrop for Swiss-EU relations, with the Swiss '10-million initiative' vote scheduled for 14 June. If the initiative passes and immigration cannot be limited by other means, the free movement of persons agreement would have to be terminated, causing the other Bilateral I agreements to lapse. EU Commission President Ursula von der Leyen said in March that the EU assumes Switzerland will honour its obligations as a "trustworthy partner." Austrian Interior Minister Karner declined to interfere in the Swiss vote, saying: "Ich habe es bisher so gehalten, dass ich mich in Schweizer Abstimmungen nicht einmische. Das werde ich auch in diesem Fall so tun."

Dobrindt, for his part, said it would be "sehr sinnvoll" to maintain the close partnership between Switzerland and the EU, while declining to comment on the internal Swiss debate. Luxembourg Interior Minister Léon Gloden also gave "no comment" on the Swiss initiative, describing his government's migration policy instead as one pursued "mit Herz und Verstand." The more significant Swiss referendum on a new bilateral treaty package is not expected until spring 2028.