1 - LEGAL FRAMEWORK
(A) Access to material reception conditions
Persons who have expressed their will to apply for international protection are entitled to full
reception conditions under European Union and Greek law. Applicants are entitled to reception
conditions from the time they submit an asylum application and throughout the asylum
procedure (Art. 59(1), 4939/2022 in conjunction with Art. 2(b), 2013/33/EU)⁹. Under Greek law
access to food and cash assistance is terminated immediately following notification of a positive
decision and if the person is resident in a camp, they should leave within 30 days (Art. 109(1),
4939/2022).
As defined in the recast Reception Conditions Directive and Greek law (Art. 1, 4939/2022),
material reception conditions encompass housing, food, clothing and a daily expenses allowance,
which may be provided in kind, as a financial allowance or in vouchers. Material reception
conditions should ensure an adequate standard of living for applicants, which guarantees their
subsistence and protects their physical and mental health (Art. 59, 4939/2022; Art. 17,
2013/33/EU). Reception conditions are provided by the competent reception authority, in
cooperation with relevant public bodies, international organisations or accredited social welfare
organisations (Art. 59(1), 4939/2022).
Where housing is provided in kind to asylum seekers, this may take the form of premises located
at the border or in transit zones, accommodation centres which guarantee an adequate standard
of living, or appropriately adapted private premises such as apartments or houses (Art. 60,
4939/2022; Art. 18, 2013/33/EU). Applicants should have the possibility of freely communicating
with relatives, legal advisers and certified non-governmental bodies, including through receiving
visitors within the structure (Art. 60(2)(b), 4939/2022; Art. 18(2)(b), 2013/33/EU). Restrictions on
communication or access to accommodation structures for the aforementioned persons may
only be imposed on the grounds of security of the facility or applicants (Art. 60(2)(b), 4939/2022;
Art. 18(2)(c), 2013/33/EU).
EU law provides that Member States ‘shall ensure that applicants receive the necessary health
care which shall include, at least, emergency care and essential treatment of illnesses and of
serious mental disorders’ (Art. 19(1), 2013/33/EU). This is transposed into Greek law in Article
59(2) which stipulates that applicants receive a health insurance number granting them access to
healthcare services. Such health benefits are further defined in a ministerial decision and
encompass access to preventive medicine, medical examinations, dental care, pharmaceutical
care and treatment in hospitals, among other benefits¹⁰.
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