Last Updated on April 25, 2019 by LawEuro
Law 4375 (Country: Greece)
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 – 1 2 3 4 5 6 7 8 9 10 11 12
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
1. The General Secretariat for Population and Social Cohesion of the Ministry of the Interior and Administrative Reconstruction established by Presidential Decree 11/2010 (O.G. A’ 15), as renamed by case (c) sub-case aa) of paragraph 1 of article 2 of Presidential Decree 96/2010 (O.G. A’ 170) is renamed into General Secretariat for Immigration Policy.
Article 26
Establishment of the General Secretariat for Reception
1. It is hereby established a General Secretariat for Reception under the Ministry for the Interior and Administrative Reconstruction.
2. Under the General Secretariat for Reception shall fall the Reception and Identification Service set by article 8 of this law and the Directorate for Reception established by the following article
3. It is hereby established the post of a revocable General Secretary, at the level of grade 1 Special Posts. The staffing of the Office of the General Secretary shall be made in accordance with article 55 of law 63/2005, as in force.
Article 27
Establishment and staffing of the Directorate for Reception
1. It is hereby established within the General Secretariat for Reception of the Ministry for the Interior and Administrative Reconstruction a Directorate for Reception with the aim to study, design and implement the policiy for receiving applicants for international protection and unaccompanied minors.
2. The Directorate for Reception shall consist of the following departments:
a. Accomodation Department, which shall be competent:
aa) to study, design and monitor the implementation of the policy to meet the housing needs of applicants for international protection and of unaccompanied minors,
bb) In cooperation with other ministries, the European Commission’s Directorate General of Home Affairs, the United Nations High Commissioner for Refugees, civil society actors and others competent, as appropriate, bodies, to formulate and implement that policy,
cc) To study, develop and processing the institutional framework for the standards regarding the establishment and operation of reception centers and accommodation facilities for international protection applicants and unaccompanied minors,
dd) to establish, operate and supervise of reception centers and accommodation facilities for international protection applicants and unaccompanied minors,
ee) to develop cooperation with the department for the protection of vulnerable groups of the directorate for social care and solidarity so as to ensure the completeness and adequacy of the standards in the procedures followed, and the effective supervision of the system managing the accommodation requests of asylum seekers and unaccompanied minors.
b. The Reception Services Department, which shall be competent:
aa) to study, plan and monitor the implementation of of the policy to receive applicants for international protection, within the meaning of European law, as applicable, on minimum standards for the reception of applicants for international protection. The reception policy shall consist in offering a comprehensive set of measures for the reception of applicants, including material reception conditions, and the adoption of the necessary procedures, protocols and criteria for granting these reception conditions.
bb) In cooperation with other ministries, the European Commission’s Directorate General of Home Affairs, the United Nations High Commissioner for Refugees, civil society actors and others competent, as appropriate, bodies, to formulate and implement such policies,
cc) To study, develop and process of the institutional framework requirements regarding the provision of reception services to applicants for international protection which shall include psychosocial support, legal assistance and adequate access to health and education systems as well as the labor market. It shall place particular emphasis on developing and refining the institutional framework for standards concerning the accreditation procedures, rehabilitation and proper management of vulnerable persons included in the above groups, such as persons with disabilities or serious illness, addicted drug users, the elderly, pregnant women, single parents or single-parent families with minor children, women in pregnancy or childbirth, persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation, as well as victims of trafficking in human beings,
c. Department for the protection of uaccompanied minors, which shall be competent:
aa) To study, design and monitor the implementation of policy for the reception and social protection of unaccompanied minors, providing the required guarantees, with special concern for the institutional confirmation of their legal stay in the country, their legal representation and the development of additional protection on the basis of the recorded needs on the ground. These shall include, inter alia, institutional guarantees of their adequate representation, appropriate living conditions, as well as family unity and the possibility of family reunification within the meaning of Directive 2013/32/EU on the standards for the qualification and status of aliens or stateless persons as beneficiaries of international protection, as transposed into national legislation by this,
bb) In cooperation with other ministries, the European Commission’s Directorate General of Home Affairs, the United Nations High Commissioner for Refugees, civil society actors and others competent, as appropriate, bodies, to formulate and implement that policy,
cc) to develop cooperation with the department for the protection of vulnerable groups of the directorate for social care and solidarity so as to ensure the completeness and adequacy of the standards in the procedures followed, and the effective supervision of the system managing the accommodation requests of unaccompanied minors,
d. The Department for the Implementation of Reception Programs, which shall be competent:
aa. To plan, design, monitor the material aspects and/or implement the material aspects of programs to receive unaccompanied minors,
bb. to ensure consistency and complementarity between co-financing from national and European programs and those provided under other national, EU and private funding instruments
e. The Operational Coordination Department, which shall be competent:
aa) to coordinate Reception actions throughout the country,
bb) to make proposals for the necessary modifications and improvements of processes and the organization and operation thereof,
cc) to contact and cooperate with the Ministry of Labour, the Ministry of Defence, the General Secretariat for Welfare, the General Secretariat for Civil Protection and any other competent public body or service, with Independent Authorities, international organizations, with NGOs, other actors of civil society and legal persons for the purpose of managing humanitarian aid,
dd) keeping a list of accredited actors of civil society and interpreters.
3. The competences of Department for the Protection of Vulnerable Groups, Refugees – Asylum Seekers, of the Directorate for Social Care and Solidarity, in the General Directorate for Welfare of the Ministry of Labor, referred to in article 38, paragraph 3 cases a ii-v of presidential decree 113/2014 (O.G. A’ 180) for the part concerning programs for the social protection of applicants for international protection and beneficiaries thereof, with the exception of those concerning unaccompanied minors shall be exercised by the competent departments of Directorate for Reception, General Secretariat for Reception of the Ministry for Interior and Administrative Reconstruction, as provided for in this article.
Article 28
Establishment of a Directorate for Financial Services of the Immigration Policy
1. It is hereby established, within the Ministry for Interior and Administrative Reconstruction, as defined by the provisions of presidential decree 105/2014 (O.G. A’ 172), an autonomous Directorate for Financial Services of the Immigration Policy, which shall be under the Minister for Interior and Administrative Reconstruction, competent for matters of immigration policy.
2. The Directorate for the Financial Services of the Immigration Policy shall have its own budget as a separate entity within the Ministry for Interior and Administrative Reconstruction; the budget shall record appropriations allowing to deal with the requirements for the implementation of the immigration policy. The authorizing officer for the appropriations shall be the Minister of Interior and Administrative Reconstruction.
3. The Directorate for the Financial Services of the Immigration Policy shall be responsible for establishing and implementing the budget, monitoring and supervising financial data, procurement of supplies and logistics for the services responsible for the implementation of the Immigration Policy.
4. The Head of the Directorate for the Financial Services of the Immigration Policy shall carry out the duties and responsibilities of paragraphs 4 and 5 of article 24 of law 4270/2014 (O.G. A’ 143), as replaced by paragraph 6 of article 10 of law 4337/2015 (O.G. A’ 129).
5. The Directorate for the Financial Services of the Immigration Policy shall consist of the following departments:
a. Budget Department,
b. Procurement and Logistics Department and
c. Department for Management and Payments for the PIP and Other Actions.
6. The responsibilities of the departments under the Directorate for the Financial Services of the Immigration Policy shall be as follows:
a. The Budget Department shall be competent for:
aa. The collection and processing of data necessary for the establishment or modification of the regular budget.
bb. Drafting and monitoring of the Mid-Term Fiscal Strategy Framework, by reason of competence.
cc. Fixing the expenditure limits for the monthly payments appropriations approval, withdrawal and recognition of the budgetary expenditure, especially in regard to:
a. Increasing and decreasing appropriations and credit availability rate.
b. Monitoring of the payment credit limits.
c. Issuing decisions to draw appropriations
dd. Training and monitoring of the monthly implementation program of the regular budget and the quarterly maximum payment limits
ee payment of grants and contributions to the International Organization for Migration.
ff. transfer of funds for the implementation of the immigration policy.
gg. Keeping a system for the electronic reporting and storage of accounting events through the Registry for commitments and payments and sending these data to the General Accounting Office.
hh. Collecting, monitoring and processing of financial data relating to the immigration policy, by reason of competence.
ii. Collecting, monitoring and processing of financial data related to the costs of migration and refugee flows.
b. The Procurement and Logistics Department shall be competent for:
aa. Managing the necessary procedures for the conclusion and implementation of contracts for the procurement of goods and services.
bb. Keeping an electronic archive with all data on tenders, bids and suppliers and the use, simultaneously, of the Electronic National Procurement System.
cc. The costing, in view of procurement thereof, of goods and services following a market research and data collection, in order to find the optimal economic valuation thereof.
dd. Issuing cash order for advance payments.
ee. dealing with the costs for housing, cleaning, maintenance, guarding and security and safety of buildings and installations, relating to immigration policy competences.
ff. Clearing the payment of costs for supplies in goods and services, for operating expenses, and for expenses in public relations as well as any other payments to third parties.
gg. Meeting the travel costs for the representation and support for the immigration policy.
hh. The smooth operation of all facilities and infrastructure, inventory, utilization and maintenance of all equipment and office machines, the management of equipment, machinery, supplies or other assets, and the removal of those identified as unusable or unsuitable, with the exception of computer and communications equipment.
ii. Monitoring and controlling the management of all perishable and non- perishable material and paying attention to receiving, storing, handling and disposing thereof, monitoring and updating on the needs of renewal of stocks and the removal of disposable stock.
c. The Department for Management and Payments for the PIP and Other Actions shall be competent for:
aa. Drafting the public investment program for projects, studies and other actions funded by European, international and other programs for the implementation of the Immigration Policy and any modifications thereto.
bb. Ensuring the funding of the above as well as monitoring the progress of such implementation.
cc. issuing payment orders for the allocation of PIP and of other actions so as to credit the project accounts held in the relevant Bank.
dd. Drafting the entire budget of the PIP and of other actions, defining credit limits, and re-allocating credits from the PIP and other actions.
ee. Ensuring the execution of the Public Investment Budget and other actions within the available credit.
ff. Attention to the collection and entry of the Information Payment Monitoring System and Public Investment Liabilities for all projects under its responsibility.
gg. The payment of the national contribution of the PIP and other actions in co-financed expenditure for Immigration Policy matters, as well as any other act related to the execution of those expenses.
gg. Keeping an electronic reporting system and saving of accounting events on the commitments and payments Registry and sending this information to the General Accounting Office.
hh. Preparing and promoting projects related to the management or provision of state funds, which contain elements of state aid within the meaning of article 107.1 of the Treaty on the Functioning of the European Union, and the submission of such plans for opinion thereon or for approval to the Central State Aid Unit of the Ministry of Finance.
ii. Supervising and supporting bodies under its jurisdiction in regard to compliance with the rules on state aid in the implementation of measures and/or programs which contain elements of state aid.
jj. Drafting and monitoring the Medium-Term Fiscal Strategy.
kk. Assessing the financial impact of any policy, program or action and advising on any policy, program or action on immigration policy matters with financial implications.
ll. Collecting, monitoring and processing of financial data relating to immigration policy by reason of competence.
Article 29
Heads of Permanent Units – permanent posts
1. The Reception Directorate of the General Secretariat for Reception and its Departments shall be headed by officials of the categories/grade Administrative-Finances, university grade, or Sociologists, university grade, or Psychologists university grade.
2. The following posts shall be established for the operational needs of the Reception Directorate, as per article 27 of this law, within the Ministry of Interior and Administrative Reconstruction, as applicable:
a. Six (6) posts in category Administrative-Finances, university grade
b. Four (4) posts in category Sociologists, Psychologists or Social Workers, university grade
b. Two (2) posts in category IT university grade
c. Four (4) posts in category Administration – Accounting, technical university grade
e. Two (2) posts in category Administration – Accounting, secondary education grade
f. Two (2) posts in category Engineering university grade.
3. The posts of the previous paragraph may be filled by secondment or transfer from the public sector, to be effectuated notwithstanding any other provision and without the deliberation by the competent Staff Administrative Councils.
4. The Directorate for the Financial Services of the Immigration Policy and its Departments shall be headed by officials of the categories/grade Administrative-Finances, university grade, or Administration – Accounting, technical university grade.
5. The following posts shall be established for the operational needs of the Directorate, as per article 28 of this law, within the Ministry of Interior and Administrative Reconstruction:
a. Eight (8) posts in category Administrative-Finances, university grade
b. Two (2) posts in category IT university grade
c. Five (5) posts in category Administration – Accounting, technical university grade
d. Two (2) positions in the industry TE administrative – accounting
e. Four (4) posts in category Administration – Accounting, secondary education grade.
6. The permanent posts of the previous paragraph may be filled by secondment or transfer from the public sector, to be effectuated notwithstanding any other provision and without the deliberation by the competent Staff Administrative Councils.
Article 30
Establishment of an Information Systems Department for Citizenship and Immigration
1. The case (bc) of paragraph 3 of article 14 of Presidential Decree 105/2014 (O. G. A’ 172), as amended and in force in accordance with subparagraph (g) of paragraph 5 of article 27 of law 4325/2015 (O.G. A’ 47) shall be replaced by the following:
“bc. The planning, operation, management and support of Information Systems of the electoral lists, the national population register, the national registry and other national registers which are supported centrally and fall within the competence of the Central Service of the Ministry for Interior and Administrative Reconstruction. ”
2. In paragraph 2 of article 18 of Presidential Decree 105/2014 case (d) shall be added as follows:
“d. The Information Systems Department for Citizenship and Immigration. ”
3. Article 21A shall be added to Presidential Decree 105/2014 as follows:
“Article 21A
Information Systems Department for Citizenship and Immigration
1. The Information Systems Department for Citizenship and Immigration shall be responsible for:
a. The design, operation and management of the Information Systems for Citizenship and Immigration under the competence of the General Secretariat for Immigration Policy.
b. the support the proper reception and transmission of biometric data and maintenance of the software for their collection. Monitoring the safe storage of fingerprints and other biometric data and making proposals for taking respective measures. Quality control, comparison and verification of the coincidence of biometric data characteristics.
c. The maintenance of the public key infrastructure for the stand-alone document of the electronic residence permit for third-country nationals.
d. The processing and quality control of the face photograph in the electronic residence permit. Recording the test results of the photo and information to competent services thereof.
e. The electronic authentication of users of the Information System for Citizenship and Immigration.
f. Monitoring the progress of the electronic administration fees procedures of the Information Systems for Citizenship and Immigration.
g. Ensuring secure communication and data transmission to the print carrier of residence permits and taking care of the interconnection between the Secretariat General for Immigration Policy with other services for data exchange.
h. The design, operation and organization of the information system for managing access controls and the confirmation of stand-alone documents of the electronic residence permit for third-country nationals. The confirmation of access controls to stand-alone documents of the electronic residence permit for third-country nationals.
i. The processing and management of statistical data for the needs of the services of the General Secretariat for Immigration Policy. ”
4. Article 35 of Presidential Decree 105/2014 shall have a paragraph 15 added as follows:
“15. The Information Systems Department for Citizenship and Immigration shall be headed by an official of category IT, university or technical university graduate. ”
5. For the operation needs of the Information Systems Department for Citizenship and Immigration as defined by the presidential decree 105/2014 (O.G. A’ 172), as applicable, the following posts shall be established within the Ministry of Interior and Administrative Reconstruction:
a. Eight (8) posts of category IT, university graduate,
b. One (1) posts of category IT, technical university graduate
c. Eight (8) posts of category Computer Personnel, secondary education graduate.
Article 31
Establishment of a Directorate for Social Integration
1 Within the General Directorate for Citizenship and Immigration Policy of the Ministry of Interior and Administrative Reconstruction it is hereby established a Directorate for Social Integration, which shall study, design and implement the policy for the integration of beneficiaries of international protection and migrants in Greece.
2. The Directorate for Social Integration shall consist of the following departments:
a. Department for Planning and Implementation of Social Integration policies and programs
b. Department of Information, Sensibilization and Social Cohesion
c. Department of the Registry for Non-Governmental Organizations and Cooperation with Civil Society Actors.
3. The Departments set in paragraph 2 shall be allocated competences as follows:
a. Department for Planning and Implementation of Social Integration policies and programs shall be competent for:
aa. Making recommendations for the formulation of strategies and policies for the integration of beneficiaries of international protection, humanitarian status holders, unaccompanied minors and migrants and vulnerable groups of migrants and refugees with a view of their integration,
bb. Making proposals concerning the institutional framework for cooperation with ministries and local government, and for a dialogue with the actors of civil society and associations of international protection beneficiaries and of migrants.
cc. Making proposals for the participation in European and international projects in the areas of integration and strengthening social cohesion.
dd. Coordinating the Decentralized Government and Local Government at first and second instance in order to submit proposals and develop comprehensive integration programs for international protection beneficiaries and migrants, including vulnerable groups of third-country nationals, and to implement them in collaboration with other public and private entities and the civil society.
ee. Representing the Ministry in European and international organizations dealing with the integration of international protection beneficiaries and migrants and the formulation of relevant positions on these issues.
ff. Cooperating with other States in planning and implementing activities in the field of integration and strengthening of social cohesion, as well as exchanging good practices.
gg. Designing, supervising and monitoring the structures and services for the integration of beneficiaries of international protection and of migrants and strengthening social cohesion
hh. planning, designing and monitoring the material aspects and/or implementing the material aspects of social protection and social integration programs for applicants of international protection and unaccompanied minors, as well as of programs for social integration programs for applicants of international protection beneficiaries and migrants through national, European or other funding, with the exception of programs under the Asylum, Migration and Integration Fund and the Internal Security Fund to be implemented by the competent Managing Authority and the Delegated Authorities
b. the Department of Information, Sensibilization and Social Cohesion shall be competent to:
aa. Organize communication and educational actions, aiming to provide the public with information and to raise awareness in the areas of integration and greater social cohesion
bb. provide information and raise awareness among the personnel of public bodies and of the Local Government at first and second instance in matters relating to integration and providing them with intercultural education in this field.
cc. register trained cultural mediators and keep and constantly update a Registry for Cultural Mediators
dd. Promote actions for cultural mediation
ee. Promote measures to increase the participation of third-country nationals residing in the country in collective actions as well as measures to enhance their representation among collective actors
ff. cooperate with other competent Ministries, other competent institutions and civil society actors in designing and implementing actions of Inter-faith Dialogue.
gg. Create and support the operation of an electronic platform for the Inter-faith Dialogue aiming to avoid radicalization and intolerance
hh. Sensitivize public opinion on issues of difference through exchanges, seminars and cultural events in cooperation with migrants and refugees associations, embassies, museums and cultural institutions
c. The Department of the Registry for Non-Governmental Organizations and Cooperation with Civil Society Actors shall be competent to:
aa. Record and update the data of Greek and foreign Non-Governmental Organizations acting in the Greek territory in the field of international protection, immigration and social integration, in cooperation with other ministries, the Decentralized Government and Local Government at first and second instance
bb. Accredit the Greek Non-Governmental Organizations in cooperation with other ministries and agencies
cc. record the existing migrant communities and associations of other vulnerable citizens falling under the jurisdiction of the Ministry.
4. Staff who have been placed at the Social Integration Department of the Immigration Policy Directorate of the Ministry for Interior and Social Reconstruction shall be transferred or moved to the Directorate for Social Integration, by decision of the Minister for Interior and Social Reconstruction, notwithstanding any other provision; simultaneously, their posts shall also move to the Directorate for Social Integration.
5. For the operational needs of the Directorate, as defined by the presidential decree 105/2014 (O.G. A’ 172), as applicable, the following posts shall be established within the Ministry of Interior and Administrative Reconstruction:
a. Five (5) posts in category Administrative-Finances, university grade
b. Five (5) posts in category Sociologists, university grade
c. Five (5) posts in category Psychologists, university grade
d. Two (2) positions in the category Administrative – Accounting, technical university grade
e. Five (5) posts in category ry Administration – Accounting, secondary education grade.
Article 32
Delegation of powers
1. A presidential decree to be issued within six (6) months from the entry into force of this law shall create, merge or modify the Directorates and Departments of the General Secretariats set up in articles 25 and 26 of this law, shall determine additional permanent posts and shall re-allocate them among the services of these Secretariats.
2. A ministerial decision shall regulate matters pertaining to the competence of the Directorates and Departments of the General Secretariats set up in articles 25 and 26 of this law.
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