10 THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 2008 this procedure was withdrawn as a result of legislative changes introduced by Greece in transposing the EU Asylum Procedures Directive.29 However, due to ongoing concerns about implementation in practice and the new July 2009 legislation on the asylum procedure, in November 2009, the Dutch Refugee Council, Pro Asyl, the British Refugee and Migrant Justice and the Finnish Refugee Advice Centre filed a complaint with the European Commission against Greece, concerning the country’s failure to comply with EU law.30 Amnesty International Greece, among other bodies, including the National Commission for Human Rights31 and the Greek Council for Refugees, also submitted a complaint to the European Commission in November 2009. The complaint argued that PD 81/2009, amending PD 90/2008, is incompatible with Article 39 of the Asylum Procedures Directive. Although PD 81/2009 permits asylum-seekers rejected at first instance to submit an application for annulment before the Council of State, it does not qualify as an effective remedy since the Council of State can only examine the legality of the administrative ruling rejecting an asylum application at first instance, and not the substantive merits of a claim. On 3 November 2009, the European Commission sent Greece a letter of formal notice, which constitutes the first stage of an infringement procedure, on the issue of access to the asylum procedure, respect of fundamental rights, including the principle of non-refoulement, when conducting border controls and treatment of asylum-seeking unaccompanied minors.32 It is worth noting that, with the aim of improving the situation of asylum-seekers in Greece, bilateral agreements have been concluded between the Greek and Dutch authorities.33 However, Amnesty International considers that these agreements alone do not justify the return of asylum-seekers to Greece while the legislation and practice in the asylum procedure do not comply with international and regional law and standards. Moreover, even if the Greek government were to engage in a genuine and full reform of the asylum system, its implementation will not be achieved in the short term and will need to be carefully monitored. Amnesty International March 2010 Index: EUR 25/001/2010