Registry of NGOs working with refugees and migrants in Greece under scrutiny

Council of Europe Expert Council on NGO Law: An opinion of the Council outlined multiple issues of compliance of Greek legislation with the right to freedom of association, both procedural and substantive. It raised breaches of the rights to privacy and freedom of association on account of onerous, complex, time-consuming and costly registration requirements, as well as a lack of legal certainty in the domestic provisions. The Council recommended that the “Ministerial Decision and related legislative provisions should be substantially revised so that they are brought into line with European standards”, following consultation with NGOs.

Greek Ombudsman: In reply to a complaint by RSA, HIAS and the Greek Council for Refugees, the Ombudsman identified areas of the legal framework in need of review such as the objective criteria for assessing the efficiency of organisations, clear and precise definition of criminal offences warranting refusal to register individuals on the NGO Members’ Registry, and the establishment of clear criteria for assessing the personality of individuals requesting registration.

European Parliament: The Civil Liberties, Justice & Home Affairs (LIBE) Committee asked the European Commissioner for Home Affairs to conduct a legal assessment of the compatibility of Greek legislation on the NGO Registry with EU law, namely the Charter of Fundamental Rights and the asylum acquis.

European Commission: The first annual Rule of Law Report of the Commission highlighted, in relation to the NGO Registry, “criticism from a number of stakeholders, as they consider that the regulations on the operation of NGOs include too stringent and disproportionate requirements for registration and certification”.

>European Parliament: MEP Tineke Strik requested the European Commission’s assessment of the compatibility of Greek legislation with the EU fundamental freedoms, the Charter of Fundamental Rights and the General Data Protection Regulation (GDPR), and information on its intended action vis-à-vis the Greek authorities. In its reply, the European Commissioner for Justice refrained from responding to the specific questions asked.

Council of Europe Expert Council on NGO Law: In an addendum to its earlier opinion, the Council deplored the adoption by Greece of even more stringent registration requirements in full disregard of its recommendations, and stressed that the Ministerial Decision “should be revoked as soon as possible.”

United Nations Special Procedures: The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders, and on the human rights of migrants voiced concerns on the “significant and detrimental impact on the operation of all civil society organizations working with migrants and refugees in Greece”, with particular focus on the complexity and high costs of registration imposed by Greek legislation, contrary to the right to freedom of association. The three Special Rapporteurs urged Greece to “undertake a review of Law on NGOs and the JMD to ensure that they are in accordance with Greece’s international human rights obligations”.

Council of Europe Commissioner for Human Rights: In reference to the positions taken by the Expert Council on NGO Law and the UN Special Rapporteurs, the Commissioner stated in a letter: “I share these concerns, and call on the Greek authorities to build on the recommendations issued by these bodies in order to actively create and maintain an enabling legal framework and a political and public environment conducive to the existence and functioning of civil society organisations.”

Bar Association of Athens stated in an opinion that Greek legislation on the NGO Registry may in no way impose restrictions on the legal profession exceeding those set by the Lawyers’ Code (L 4194/2013) and identified several provisions in contravention of said Code. The Bar Association also stressed the need for an assessment of whether the registration rules infringe the fundamental and constitutional rights to freedom of association, non-discrimination, private life, data protection, free development of personality, freedom of expression, and access to employment.