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RSA Comments on the Reform of the International Protection Act

Introduction

On 10 April 2020, the Ministry of Migration and Asylum submitted a bill entitled “Improvement of migration legislation” to public consultation.1 The reform of the legislative framework of international protection in Greece comes only three months following the entry into force of the overhaul of asylum legislation, brought about by the International Protection Act (L 4636/2019, IPA) adopted on 1 November 2019.

In the explanatory memorandum to the bill, the Ministry details that the amendment of the IPA aims at speeding up asylum procedures and at “responding to practical challenges in the implementation of the law”, as well as bringing several textual improvements thereto.2 The rationale behind the reform gives pause, given that the new legislative provisions have been applied for a very short period of time and the proposed amendments do not bring about substantial improvements thereto. Against this backdrop, Refugee Support Aegean (RSA) continues to express deep concern about the government’s hasty adoption of legal modification and further restriction of procedural guarantees in asylum procedures, without prior evaluation of existing rules or a coherent plan to improve the Greek asylum system.3

At the same time, the launch of yet another reform in the area of international protection presents an opportunity to improve the existing framework, both in terms technical corrections – proposed in various parts of the text by the Ministry of Migration and Asylum – and of sounder transposition of European Union (EU) law and conformity with international standards. Accordingly, RSA comments on the articles submitted to public consultation contain concrete recommendations with a view to improving current legislation.

This note focuses on RSA observations on the provisions relating to asylum legislation. A more detailed analysis of RSA’s positions, including suggested amendments, is available in Greek.

Summary of positions