ANNUAL POLICY REPORT 2012
During the reference year of this report legislative developments in the field of
unaccompanied minors were introduced by the Law 4052/2012157 (which, inter
alia, provides for the harmonization of Greek legislation with Directive
2009/52/EC of the European Parliament158 and of the Council of 18.6.2009 on
the 'enforcement of minimum standards on sanctions and measures against
employers of illegally residing third-country nationals" with the aim to combat
illegal immigration). The law provides, in Article 88 paragraph 2, for criminal
penalties for anyone who illegally employs minors who are nationals of third
countries and even punishment with imprisonment of at least six (6) months.
Also in accordance with Article 89 paragraph 1, an illegally employed
unaccompanied minor is entitled to a residence permit on humanitarian
grounds upon relevant request, in accordance with the other terms and
conditions of Article 44 of n.3386/05, which regulates issuance and renewal of
residence permits on humanitarian grounds, as amended by Article 42,
paragraph 1, subparagraph e of Law 3907/11. In paragraph 3 of the same
article it is further stated that the competent prosecuting authority shall take
all necessary steps to determine the identity and nationality of the minor and
the fact that they are unaccompanied. They shall also make every effort to the
swiftest family tracing, take the necessary steps to ensure legal representation
and, where necessary, represent them in criminal proceedings. The juvenile
prosecutor and where there is no juvenile prosecutor, the competent
Prosecutor, if he cannot find the family of a minor or if he believes that under
the circumstances the repatriation does not serve the minors’ interest, he may
order all appropriate measures to protect him/her until the ruling by the court,
which must be addressed within thirty days, for the appointment of a guardian
in accordance with the provisions of articles 1532, 1534 and 1592 of the Civil
Code.
The protection of unaccompanied minors is a priority for Greece given the
vulnerability of this category. Therefore in 2012, the Ministry of Health, as the
responsible authority of the European Refugee Fund, has funded the following
programs related to unaccompanied minors:
i. Hospital for Chronic Diseases "The Mother of God" Lesbos Operation of
Hospitality Unit for Unaccompanied Refugee Minors (495.700,50 €)
Operation of structure for unaccompanied minors seeking asylum in
Ayiassos of Lesvos, while providing supportive social services,
psychological support, and services for the integration of minors in Greek
society (eg education)
157
Gov. 41A LAW NO. 4052/201 statutory responsibilities of Ministry of Health and Social Welfare
and Labour and Social security for the implementation of the law "Approval of the draft financial
assistance facility agreement between the European Financial Stability Fund (E.T.CH.S.), the Hellenic
Republic and the Bank of Greece, the draft Memorandum of Understanding between the Hellenic Republic,
the European Commission and the Bank of Greece and other urgent measures to reduce public debt and
rescue the national economy "and other provisions.
http://www.et.gr/idocs-nph/pdfimageSummaryviewer.html?args=sppFfdN7IQP5_cc-m0e1wmmXNVEXA9uQo5UcBkVxwW8rzSZFxgk-fbyTuXZsV7kAYi3ORfmarYPUwzf4Ll1XkxcPQvNBMtY9T3IvMHxXpABIQE1JCW9FiNMrQQTEk_FKlm_8xYoyAXSUzFh4gzMeT5kt6Ei-fVZpSPwuuI3T3yKZHeTf1SQ..
158
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:168:0024:0032:EL:PDF
59
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