Law 4375 – On the organization & operation of the Asylum Service, the Appeals Authority, the Reception& Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of Directive 2013/32/EC

On the 16th of June, the Greek Parliament approved an amendment (L 4399/2016) to its asylum law (L 4375/2016), modifying the composition of Appeals Committees and the right of asylum seekers to be heard in appeals against negative decisions.

The Appeals Committees will now consist of two judges of the Administrative Courts, appointed by the General Commissioner of the Administrative courts, and one UNHCR representative. A representative from a list compiled by the National Commission of Human Rights may take part in the Appeals Committees if UNHCR is unable to appoint a member.

In addition, the amendment has removed Article 62(1) of L 4375/2016, which allowed the appellant to request a personal hearing before the Appeals Committees at least two days before the appeal. This reinforced the general rule of examinations of appeals sur dossier, previously discussed in the AIDA report on Greece.

Content of the law – 1  2  3  4  5  6  7  8  9  10  11  12

Law 4375

On the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC “on common procedures for granting and withdrawing the status of international protection (recast(” (L 180/29.6.2013), provisions on the employment of beneficiaries of international protection and other provisions

Content of the law

PART ONE

CHAPTER I

ESTABLISHMENT OF THE ASYLUM SERVICE AND APPEALS AUTHORITY

  • Article 1. Setting up – mission – composition
  • Article 2. Staffing
  • Article 3. Budget – Financial Management – Procurement -Premises of the Service
  • Article 4. Appeals Authority – Establishment and mission
  • Article 5. Appeals Authority – Composition, staffing and operation
  • Article 6. Budget – Financial Management – Procurement -Premises of the Authority
  • Article 7. General and enabling provisions

CHAPTER B

Reception and identification Service

  • Article 8. Establishment -Mission- Structure
  • Article 9. Reception and identification procedures
  • Article 10. Structures
  • Article 11. Staffing
  • Article 12. Budget — Financial management
  • Article 13. Administration and structure of regional services
  • Article 14. Status of residence and procedures in the Reception and Identification Centres and in Mobile Units
  • Article 15. Management and status of residence in the Open Temporary Reception and Temporary Accommodation Structures
  • Article 16. Security — Premises
  • Article 17. Delegation of powers
  • CHAPTER C
  • Article 18. Modification of Law 4018/2011 (O.G. A’ 215)
  • Article 19. Modification of law 4332/2015 (O. G. A’76) and other provisions
  • Article 20. Modification of presidential decree 104/2012
  • Article 21. Modification of presidential decree 141/2013 (O.G. A’ 226)
  • Article 23. (Article 23 of the Directive) Maintaining family unity
  • Article 24. (Article 24 of the Directive) Residence permits
  • Article 22. Residence permit for humanitarian reasons to applicants for international protection
  • Article 23. Modification of presidential decree 114/2010 (O.G. A’ 195)
  • Article 24. Modification of Presidential Decree 167/2014 (O. G. A’ 252)

PART 2

CHAPTER A

Renaming of the General Secretariat for Population and Social Cohesion – establishment of the General Secretariat for Reception – transfer of responsibilities and other provisions

  • Article 25. Renaming of the General Secretariat for Population and Social Cohesion
  • Article 26. Establishment of the General Secretariat for Reception
  • Article 27. Establishment and staffing of the Directorate for Reception
  • Article 28. Establishment of a Directorate for Financial Services of the Immigration Policy
  • Article 29. Heads of Permanent Units – permanent posts
  • Article 30. Establishment of an Information Systems Department for Citizenship and Immigration
  • Article 31. Establishment of a Directorate for Social Integration
  • Article 32. Delegation of powers

PART CPROCEDURES FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION STATUS AND TRANSPOSITION INTO GREEK LEGISLATION OF THE DIRECTIVE 2013/32/EU OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON” common procedures for granting and withdrawing international protection (recast)” (L 180/29.6.2013)

  • CHAPTER A
  • GENERAL PROVISIONS
  • Article 33. (Article 1 of the Directive) Purpose
  • Article 34. (Articles 2 and 4 of the Directive) Definitions
  • Article 35. (Article 3 of the Directive) Scope

CHAPTER Β

GENERAL PRINCIPLES AND GUARANTEES APPLICABLE THROUGHOUT THE DURATION OF THE PROCEDURE

  • Article 36. (Articles 6 and 7 of the Directive) Access to the procedure
  • Article 37. (Article 9 of the Directive) Right of the applicants to remain – Exceptions
  • Article 38. (article 8 of the Directive) Information and counselling in detention facilities and at Greek border entry points
  • Article 39. (Article 10 of the Directive) Requirements for the examination of the application
  • Article 40. (Article 11 of the Directive) Reasoning and notification of decisions and other procedural documents
  • Article 41. (Article 12 of the Directive) Guarantees for applicants
  • Article 42. (Article 13 of the Directive) Obligations of the applicants
  • Article 43. Applicants’ identity data
  • Article 44. (Articles 19 and 23 of the Directive) Provision of information – Legal representation and assistance
  • Article 45. (Article 25 of the Directive) Applications of unaccompanied minors
  • Article 46. (Article 26 of Directive 2013/32 (EU) and 8-11 of Directive 2013/33 (EU) Detention of applicants
  • Article 47. (Articles 27 and 28 of the Directive) Withdrawal of the application
  • Article 48. (Article 29 of the Directive) The role of the United Nations High Commissioner for Refugees
  • Article 49. (Article 30 of the Directive) Confidentiality
  • Article 50. (Article 24 of the Directive) Applicants in need of special procedural guarantees

CHAPTER C

PROCEDURES AT FIRST INSTANCE

  • Article 51. (Article 31 of the Directive) Examination procedure
  • Article 52. (Articles 14 to 17 and 34 of the Directive) Personal interview
  • Article 53. (Article 18 of the Directive) Medical examination
  • Article 54. (Article 33 of the Directive) Inadmissible applications
  • Article 54. (Article 35 of the Directive) First country of asylum
  • Article 56. (Article 38 of the Directive) Safe third countries
  • Article 57. (Articles 36 and 37 of the Directive) Safe countries of origin
  • Article 58. (Article 32 of the Directive)Unfounded applications
  • Article 59. (Articles 40 to 42 of the Directive) Subsequent applications
  • Article 60. (Article 47 of the Directive) Border procedures

CHAPTER D

PROCEDURES AT SECOND INSTANCE

  • Article 61. The right to lodge an appeal
  • Article 46. of the Directive)
  • Article 62. Examination procedure of the appeals

CHAPTER Ε

FINAL PROVISIONS

  • Article 63. (Articles 44 and 45 of the Directive) Withdrawal of the international protection status
  • Article 64. (Article 47 of the Directive) Action for annulment
  • Article 65. (Article 48 of the Directive) Obligation of Confidentiality
  • Article 66. (Article 50 of the Directive) Submission of Reports
  • Article 67. Right to remain on humanitarian grounds

PART D

Conditions for the access to employment of persons recognized by the Greek state as beneficiaries of international protection, of applicants for international protection and persons who have been granted residence status on humanitarian grounds in Greece in accordance with article 28 of Presidential Decree 114/2010 (O.G.A’ 195), article 8 paragraph 1 of Presidential Decree 61/1999 (O.G.A’ 63) or article 25 paragraph 4 of law 1975/1991 (O.G.A’ 184) and of the beneficiaries of article 19A paragraph 1 point (f) of law4251/2014 as applicable.

  • Article 68. Definitions
  • Article 69. Employment of beneficiaries of international protection and persons who hold a residence permit on humanitarian grounds, and the families thereof
  • Article 70. Vocational training of beneficiaries of international protection
  • Article 71. Work and employment of applicants for international protection

PART E

OTHER PROVISIONS

  • Article 72. Other provisions concerning the management needs due to refugee and migration flows
  • Article 73. VAT issues
  • Article 74. Transportation of refugees and migrants

PART SIX

PRINCIPLES FOR THE COORDINATION, MANAGEMENT AND IMPLEMENTATION OF PROJECTS UNDER THE ASYLUM, IMMIGRATION AND INTEGRATION FUND, THE INTERNAL SECURITY FUND, OTHER FUNDS, AND RELEVANT PROVISIONS FOR THE IMPLEMENTATION THEREOF

  • Article 75. Establishment of the Special Secretariat for the Coordination and Management of Programs under the Asylum, Immigration and Integration Fund, the Internal Security Fund and other funds
  • Article 76. Establishment of the Special Service for the Coordination and Management of Programs under the Asylum, Immigration and Integration Fund, the Internal Security Fund and other funds
  • Article 77. Appointment of competent authorities for the implementation of EU Regulation 514/2014 and EU Special Regulations 513, 515 and 516/2014
  • Article 78. Arrangements for the financing of programs of the multiannual National Program
  • Article 79. Enabling provisions
  • Article 80. Transitory provisions
  • Article 81. Repealed and amended provisions
  • Article 82. Final provisions
  • Article 83. Entry into force

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