Refugee Support Aegean (RSA) and PRO ASYL call upon the European Commission to immediately launch infringement proceedings against Greece regarding systemic violations of international and EU law, stemming from the arbitrary rejection of asylum applications based on the “safe third country” concept and from the prevention of refugees’ access to asylum procedures.
Legal and Case Analysis
In its submission to the 2022 Rule of Law Report of the European Commission, RSA highlights developments and persisting concerns relating to the rule of law through the lens of the Greek asylum system.
The European Commission tabled legislative proposals to amend the Schengen Borders Code and to address so-called “instrumentalisation” in migration and asylum, two months after 12 Member States, including Greece, Cyprus, Hungary, Poland, Lithuania and Latvia, requested the “adaptation of EU law to new realities” and after the European Council called on the Commission to take legislative measures.
The first issue of the Greek Asylum Case Law Report published today is a joint initiative of the Greek Council for Refugees (GCR), HIAS Greece and Refugee Support Aegean (RSA), organisations providing legal support and representation to refugees and asylum seekers in Greece. The note compiles extracts of decisions of Administrative Courts, the Independent Appeals Committees and the Asylum Service in the area international protection selected from the casework of the above organisations.
Greece’s decision to suspend access to its asylum process in March 2020 as a response to pressure from Turkey set…
Greek Council for Refugees (GCR) and Refugee Support Aegean (RSA) filed judicial review applications before the Greek Council of State for the annulment of the Joint Ministerial Decision of the Minister of Migration and Asylum and the Deputy Minister of Foreign Affairs of 7 June 2021. The Decision designated Turkey as a safe third country for nationals of Syria, Afghanistan, Somalia, Pakistan and Bangladesh.
The dismantling of the Greek asylum system
The Deportations and Returns Bill tabled by the Greek Ministry of Migration and Asylum to Parliament on 25 August 2021 fully disregards the positions and concerns put forward by civil society and the National Commission for Human Rights (NCHR) regarding compliance with international and EU law on asylum and migration. Without any justification, the drafters of the bill omit over 60 comments tabled by experts in the public consultation, thereby circumventing a necessary institution to safeguard the rule of law and better law-making.
This paper summarises comments from legal organisations Refugee Support Aegean (RSA), the Greek Council for Refugees (GCR), HIAS Greece and the Danish Refugee Council (DRC) on the bill amending migration and asylum legislation, submitted to public consultation by the Ministry of Migration and Asylum one year after the last migration reform. The organisations offer a detailed analysis of key provisions of the bill and of their impact on refugees and asylum seekers, as well as recommendations to achieve the necessary harmonisation of Greek legislation with EU law.
Download the Note In September 2020, as part of the New Pact on Migration and Asylum, the European Commission tabled…