THE IMPACT OF THE TEMPORARY PROTECTION STATUS ON DETERMINING JURISDICTION FOR THE PROTECTION OF UKRAINIAN CHILDREN UNDER THE 1996 HAGUE CONVENTION DURING THE RUSSIAN-UKRAINIAN WAR
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Abstract
On 4 March 2022, the Council of the EU activated the 2001 Temporary Protection Directive, establishing a temporary protection regime for those fleeing Ukraine. The composition of Ukrainian immigrants is characterized by the domination of women and children. The article’s objective is to analyze the grounds of jurisdiction provided by the 1996 Hague Convention1, which are applicable to Ukrainian children enjoying temporary protection status in the EU. Authors distinguish situations when either the 1996 Hague Convention or the Brussels IIbis Regulation2 is applied, the significance of the child’s territorial presence in the hosting state, the loss of the previous and the acquisition of a new habitual residence of a child from the point of view the jurisdictional rules of the 1996 Hague Convention. The article relies on explanatory reports and commentaries, as well as relevant doctrinal works on the interpretation of the provisions of the 1996 Hague Convention, the Brussels IIbis Regulation, documents regulating the issue of temporary protection and the status of refugees in the EU. Additionally, the case law of the Supreme Court of Ukraine and the CJEU is analysed to indicate practical peculiarities of taking protective measures directed to the protection of the person or property of the child.
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