EU Tightens Asylum Procedures for Ukrainian Men: Left Faction Criticizes Exclusion of Military-Age Men

The backdrop is Russia's ongoing invasion of Ukraine and the growing personnel needs of the Ukrainian army. President Volodymyr Zelensky had repeatedly pointed out in recent months the need for additional soldiers. Against this backdrop, discussions are underway at the EU level on whether Ukrainians of military age who seek protection in EU states should continue to receive temporary protection status.

Background: War and Personnel Needs in Ukraine

According to sources in Brussels circles, the EU Commission is examining several options. In earlier statements, EU Migration Commissioner Magnus Brunner had stressed that member states would need to reassess the situation. This also involves the question of whether the conditions for temporary protection continue to apply if the situation changes in parts of Ukraine.

According to estimates by authorities, several hundred thousand Ukrainian refugees live in Germany. Many of them are women and children who left without male family members. In the assessment of aid organizations, an exclusion of military-age men from EU protection status would lead to families being torn apart and men being under increased pressure to return to Ukraine.

In recent years, the Ukrainian parliament has repeatedly adjusted the mobilization age and conscription rules in order to strengthen the armed forces. At the same time, there are discussions within Ukrainian society about the question of who is called up for military service and what exceptions should apply. The EU debate takes up this intra-Ukrainian discussion at the European level.

Legal Objections to the Exclusion

In her statement, Bünger also referred to European and international law. The right to conscientious objection is enshrined in several international treaties and is regarded by human rights organizations as part of individual liberties. A blanket exclusion of military-age men from asylum is at odds with this.

Reactions from EU member states have been mixed. While some governments, including Eastern European states, advocate a stricter line on the return of military-age men, Western member states warn against hollowing out the common asylum system. Germany has so far not officially adopted a line but is closely observing the Brussels deliberations.

Open Questions and Next Steps in Brussels

It remains unclear when the EU Commission will present a concrete proposal. Until then, the existing temporary protection status, which the EU had activated following the start of the Russian invasion in 2022, remains unchanged. It enables Ukrainian refugees quick access to residence, work, and social benefits in the EU.

The discussion also touches on the question of European solidarity with Ukraine. Advocates of stricter rules argue that countries fleeing the war must also contribute to the defense of their own country. Critics like Bünger see this as a departure from humanitarian principles and an instrumentalization of asylum law for military purposes.

In the medium term, the dispute could also have an impact on the social mood in Germany. Aid organizations report that many Ukrainians in Germany maintain contact with their relatives at home and worry about their safety. From the perspective of those affected, a tightening of asylum rules would further increase these burdens.