Implementing the Temporary Protection Directive in Germany: de jure liberal, de facto selective?

The Temporary Protection Directive (TPD) is seen as liberal because it grants extensive rights to Ukrainian forced migrants in many European countries. It is also an example of selectivity in the treatment of non-citizens, as it grants to this group rights that are not available to other groups of protection seekers. This article examines whether the de jure liberal implementation of the TPD is also de facto liberal, and why. It also asks whether de jure selectivity goes hand in hand with de facto selectivity, and for whom the TPD is de facto selective. Our case study is Germany, a country where, for non-citizens, welfare rights and permanent residence are largely dependent on labour market participation and social security contributions. This system is said to negatively affect women. Given that most TPD holders in Germany are women of working age, many of whom have care responsibilities for their children or elderly family members, it is important to address the gendered implications of the TPD. We demonstrate and discuss how including this gendered perspective – in combination with the Restrictive, Liberal, Selective, Universal (ReLiSU) policy analysis framework – adds new insights to our understanding of the situation of Ukrainian protection holders in Europe.

doi: 10.1080/1369183X.2025.2565912 ISSN: 1369-183X Open Access