News item | 12-12-2022 | 11:00 am
Refugees from Ukraine are covered by the Temporary Protection Directive (RTB) and have the right to decent shelter, livelihood and medical care. Due to the sudden and very high influx of refugees from Ukraine and the already great pressure on the COA, the cabinet activated state emergency law on 1 April 2022. Under the state emergency law, mayors were given the legal task of taking care of the reception and care of refugees from Ukraine.
The application of state emergency law is on a temporary basis and may not last longer than necessary. Now that it is clear that the conflict in Ukraine is expected to last for a longer period of time and municipalities will continue to provide shelter and care for some time to come, the government is creating a regular legal basis for the reception of refugees from Ukraine. As a result, state emergency law can be rendered inoperative again.
Main change
The most important substantive change compared to state emergency law is that the responsibility for the reception and care of refugees from Ukraine is shifting from the mayor to the day-to-day management of the municipality: the Board of Mayor and Aldermen (B&W). The task of the Board of B&W is limited to refugees from Ukraine who fall under the RTB. Because there is no longer an acute emergency, this task will not be remitted to the mayor.
Temporary nature
The Temporary Act on the Reception of Displaced Persons in Ukraine applies for a limited period of time. The government is making every effort to ensure that the reception of refugees from Ukraine will be organized again by the COA in due course. At the moment it is not yet certain when the COA will take on the reception of refugees from Ukraine. This temporary law will therefore expire at a time to be determined by Royal Decree. In any event, this date will not be set later than one year after the Temporary Protection Directive (RTB) expires.
Legislative process
The Temporary Act on the Reception of Displaced Persons in Ukraine will go into consultation from 12-12-2022 to 13-01-2023.
After the consultation, the law will be submitted to the Council of State. The bill is then submitted to the House of Representatives. After which the Senate can consider it. After that, the law comes into effect.