educational programmes (especially the lack of provisions
for their consistent attendance and the leak of students, the
groups on the move, etc.).
The Greek Ombudsman considers an
imperative need the stable flow of
financing for the Pre-removal Centers
from the regular funds of the relevant
European fund with the required completion of the relevant
internal procedures of the Administration and the central
managing authority. The detention conditions in the Preremoval Centers, at least in some of them, must change
immediately. Under the weight of the rapid developments,
the spotlight of the media and the criticism turned towards
other areas of the management of the refugee/migrant
issue, leaving the Pre-removal Centers, at least for now, in
the shadows. A modern state governed by the rule of law
must however manage rights issues regardless of the
constantly changing media coverage or criticism.
Funding of
the Detention
Centers
1.5. Concluding
remarks
The lack of central planning and
coordination of the involved agencies
and services, in combination with the
failure of the immediate and appropriate use of the EU and
domestic funds are key reasons for the failure of the State
to ensure the fundamental living conditions in all temporary
reception and accommodation sites and in the hotspots.
The diffusion and overlap of competences, on one hand
between the services of the Ministry of Migration Policy
itself, and on the other between this ministry and the
other involved public agencies and services, international
organisations, NGOs, etc., on the subject of meeting the
subsistence needs of the refugees and migrants, creates
obstacles in the effective and immediate handling of the
problems and makes accountability impossible. Despite the
over-production of regulations, there is still an absence of
institutional arrangement in areas where it is much needed,
such as the way of operation and the (re)distribution of
competences and coordination in the open accommodation
facilities or wherever there is more than one agencies
operating in the same site (for example in Moria). The
solutions must be flexible in order to adjust to the changes
in the conditions (increase-decrease of the flows, changes in
the profile of the arrivals, etc.), but also to lay down rules and
methods for controlling their implementation.
The General Secretariat for Reception of the Ministry of
Migration Policy has not been able to date to fulfil its role
as a central coordinating and supervisory mechanism for
the management of the population that continues to live in
the accommodation facilities. The better coordination of the
services and agencies that operate in the accommodation
facilities and the effective supervision of their operation by
the General Secretariat for Reception, must be a top priority
for Administration.
Moreover, the funding of state agencies and humanitarian
organisations by the European Union did not manage
to ensure the fundamental living conditions of all the
refugees and migrants staying in the country, despite the
establishment of services for the absorption and use of
the funds available for this purpose. The acceleration of
the procedures for the better absorption of the European
and national funds, intended for the accommodation of
the refugees and migrants residing in the country, must
take place immediately. This however must not be to the
detriment of the proper management of the funds in order
to finance specific needs, or their transparent and published
use, making them open to control and criticism.
2. Regulatory framework, shortcomings
and deviations in the implementation
The way in which the migration/refugee phenomenon was
handled at the regulatory level, had two main characteristics:
a) lack of clear rules and implementation criteria and b)
distance between the provision and the implementation of
the legislation.
Usually, the lack of clear rules is a
result of a multitude of provisions,
resulting in an inversely proportional
relationship between quality and quantity of the legislative
regulations.
2.1. The lack
of clear rules
The provisions of the law, mainly after the EU-Turkey
Statement (Law 4375/2016) pertained to multiple
facilities for refugees and migrants, which meant that they
were never implemented in practice, as mentioned below.
Also, the EU-Turkey Statement has as its main assumption
a framework for the fast implementation of readmission
for those who do not lodge an asylum application or for
those whose relevant application has been dismissed in a
final judgement, a framework which was not provided for
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