Zahlungen an Ukrainer in Frankreich: Gericht entscheidet zugunsten von Flüchtlingskindern

Ein französisches Gericht hat ein beispielloses Urteil zugunsten von ukrainischen Flüchtlingen, insbesondere Kindern, die aufgrund des Krieges gezwungen waren, die Ukraine zu verlassen, gefällt. Das Urteil betrifft Zahlungen, die zur Unterstützung der Bildung gedacht sind. Erfahren Sie, wer anspruchsberechtigt ist und wie viel sie erhalten werden

Rechtsberatung zu Migrationsfragen

HOLEN

A court in the French city of Nantes has ordered social assistance payments to be made to a Ukrainian refugee family who had previously been denied this right. The payments are intended to help families with school-age children prepare for the new school year (the ‘back to school’ programme).

👉 Visit Ukraine's migration law specialists will help you navigate the complex legislation of EU countries, choose the best options for legalization or return, and correctly prepare the necessary documents.

Are Ukrainians entitled to this payment?

According to the law, all families legally residing in France, including refugees, are entitled to such assistance. However, in practice, due to the peculiarities of the implementation of the European temporary protection mechanism, which was not actually applied until 2022, Ukrainian families in France were deprived of this payment.

However, the court has issued a ruling that could set a precedent and it is likely that other Ukrainian families with temporary protection status in the country and children attending local schools will now also be able to claim assistance.

This was announced by Ernest Mezak, the Ukrainian family's lawyer, on Instagram.

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How much is paid in assistance to children who attend school?

The French government pays approximately €450 per child per year to families with minors who are ‘returning to school.’ This money is intended to help prepare for the school year and is provided to families whose total income does not exceed the legal limit.

However, Ukrainian families are automatically denied this payment, citing an explanation from the National Family Assistance Fund from April 2022. The document states that citizens with temporary protection will not be taken into account when calculating subsidies for school preparation.

However, on 2 May, a court in Nantes ruled that such a refusal violates the EU directive on temporary protection. According to the principle of the supremacy of EU law over national law, the EU directive on temporary protection takes precedence over French legislation.

According to the defence, the Nantes court's decision is quite clear and directly points to a violation of the EU directive. However, the decision of the court of appeal is still pending.

Reminder! Temporary protection for Ukrainians will most likely be extended until 2027, but at the same time, the EU is preparing return and integration strategies for citizens. Find out what new initiatives the European Commission is proposing and what will change for Ukrainians in the EU.

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