ANNUAL POLICY REPORT 2012
opponents and migrants18.
With regard to the main structure of public administration, Ministers appointed
at the Ministries charged with migration policy-making and implementation
were members of the Parliamentary Group of “New Democracy”. At the
legislative level, law 3386/2005 (GG Α' 212/2006), as amended and in force,
remains the fundamental law for regulating migration policy issues, whereas
the main responsibility for the respective legislative framework lies with the
Ministry of Interior. Regarding the implementation of the Schengen institutional
framework and the relevant EU acquis responsible is the Ministry of Public
Order and Citizen's Protection (as renamed according to the PD 85/2012. GG A'
141/2012΄ “Establishment and renaming of Ministries, transfer and abolition of
services”), via the Hellenic Police. The Hellenic Coastguard has been
transferred to the restored Ministry of Maritime Affairs and Aegean.
During the first months of 2012 changes have taken place regarding the
Directors in charge of the Asylum Service and the First Reception Service,
established by L. 3907/2011, with the appointment of lawyers/legal experts
with relevant expertise and work. The Asylum Service is the first self-standing
structure in the country for examining asylum applications and in general for
cases of international protection. The First Reception Service is responsible for
the reception of third country nationals arrested due to illegal entry in Greece
and their accommodation in conditions that guarantee respect to human dignity
and migrants' rights according to Greece's international commitments. Both
Services are self-standing, directly accountable to the Minister of Public Order
and Citizen's Protection. Each of them has a Director (Special Secretary status)
in charge, appointed by the Minister after public invitation, for a three-year
tenure.
Last but not least it should be noted that in 2012 the legislative instrument of
the “Act of Legal Content” was used to regulate migration and asylum related
issues on the basis of article 44, par. 1 of the Constitution19.
18
http://tvxs.gr/news/ellada/seira-pairnoyn-ta-nipia-sto-stoxastro-tis-xrysis-aygis,
http://www.tovima.gr/society/article/?aid=483139, http://tvxs.gr/news/ellada/epithesi-xrysaygitonenantion-mikropoliton-metanaston-sto-panigyri-tis-rafinas,
http://www.alfavita.gr/arthra/%CF%81%CE%B1%CF%84%CF%83%CE%B9%CF%83%CF%84%CE%B9
%CE%BA%CE%AE-%CE%B5%CF%80%CE%AF%CE%B8%CE%B5%CF%83%CE%B7%CE%B1%CF%80%CF%8C-%CF%84%CE%B7-%CF%87%CF%81%CF%85%CF%83%CE%AE%CE%B1%CF%85%CE%B3%CE%AE-%CF%83%CE%B5%CE%BD%CE%BF%CF%83%CE%BF%CE%BA%CE%BF%CE%BC%CE%B5%CE%AF%CE%BF,
http://www.enikos.gr/politics/105413,Kontra_SYRIZA-Xryshs_Ayghs.html,
http://directnews.gr/greece/17614-mesologgi-xrush-augh-kai-k-mparmparoushs-phgan-laikh-vinteofoto.html.
19
“Under extraordinary circumstances of an urgent and unforeseeable need, the President of the
Republic may, upon the proposal of the Cabinet, issue acts of legislative content. Such acts shall be
submitted to Parliament for ratification, as specified in the provisions of article 72 paragraph 1, within
forty days of their issuance or within forty days from the convocation of a parliamentary session. Should
such acts not be submitted to Parliament within the above time-limits or if they should not be ratified by
Parliament within three months of their submission, they will henceforth cease to be in force.” The
Constitution of Greece, Part three, Section II, Chapter two, art. 44, par. 1. Regarding the issue at stake,
L. 4048/2012 (GG A 190) ratifies the Act of Legislative Content dated 20.3.2012 on the “Regulation of
issues of agreements-conventions regarding Centers for First Reception and Facilities for the Detention of
illegally residing in the country aliens and module for guarding them”.
17
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