EU States Explore Ending Automatic Protection for Draft-Eligible Ukrainian Men

Specifically, this concerns men between the ages of 23 and 60 who are subject to conscription in Ukraine. Since August 2025, men between 18 and 22 years old have been allowed to leave the country again; for the age group of 23 to 60, an exit ban applies with exceptions for single fathers, athletes, or journalists, for example. Currently, men aged 25 and older are being conscripted into military service in Ukraine.

Several member states are calling for a fundamental review. Austrian Interior Minister Gerhard Karner advocated for "ending the automaticity when it comes to men of draft age." The goal is "to ensure that acceptance among European member states to help people continues to exist." Sweden supported this stance: Interior Minister Johan Forssell said it is "essential that more men stay and fight in Ukraine."

Positions of EU States

EU Migration Commissioner Magnus Brunner announced that the EU Commission will "probably before August" present a proposal on this matter. He anticipates a qualified majority among member states. "I believe we must primarily listen to the member states that are particularly affected," Brunner said. These include Poland, the Czech Republic, Austria, the Baltic states, and Germany.

According to the Federal Ministry of the Interior, Germany has taken in more than 1.1 million Ukrainian refugees since the start of the war; EU-wide, the number is over four million. Based on the Temporary Protection Directive, those seeking protection have had access to the labor market, housing, medical care, and education for their children from the outset. The EU Commission is also considering, according to Dobrindt, limiting protection in the future to people from particularly vulnerable regions of Ukraine.

Luxembourg warned of the consequences of such a restriction. If every individual case had to be examined, significant bureaucratic effort would be threatened. Men between 23 and 60 years old could instead go through a regular asylum procedure, it was stated in Luxembourg.

Consequences for Switzerland

Switzerland, which is part of the Schengen Area, is also affected. Justice Minister Beat Jans stated in Luxembourg that it is "relatively clear that we will have to adopt the decision, if it comes, as well." Otherwise, there is a threat of "a real pull factor." Switzerland had already restricted its S permit status last autumn to people from occupied or contested areas. Norway, which is not an EU member, has a similar regulation.

Conscription in Ukraine

The personnel situation of the Ukrainian armed forces is also background to the discussion. According to information from Brussels, Volodymyr Zelenskyy's government is struggling with declining recruitment numbers and is pushing for more men of draft age to remain in the country. Dobrindt said, "we have observed that in recent months, the influx of persons of draft age has increased. This must now be dealt with."

The Temporary Protection Directive dates back to 2001, when the wars in the former Yugoslavia drove millions of people to flee Europe. It was activated for the first time due to the Ukraine war and must be extended every two years. It is currently valid until March 2027. A reform requires a proposal from the EU Commission, the approval of member states by qualified majority, and the European Parliament.

As early as last autumn, the Federal Council in Bern had limited the S permit status to persons from occupied or contested areas. Since then, a return to seven western Ukrainian oblasts is considered reasonable. EU Migration Commissioner Brunner also emphasized that the directive remains a "temporary solution" that "must come to an end at some point."