Severe obstacles to access to the remedy stem from the complete absence of stateprovided free legal assistance, contrary to Greece’s obligations. 4 No progress has been
marked on legal aid over one year after the Council of the EU urged Greece for
measures to ensure “effective access to free legal assistance”, as “the issue is under
review by the competent Services of [the Ministry of Citizen Protection] and the
Directorate of the Hellenic Police”.5
In addition, serious doubts persist as to the effectiveness of the administrative appeal
to the Hellenic Police as a means of review of the legality of removal or detention
orders. In cases supported by RSA, Hellenic Police decisions on such appeals appear
to be identical, to lack specific reasoning on submissions and merely to state that “the
foreigner lacks residence documents and the return decision was issued without a
departure deadline, according to the provisions of articles 21, 22, 23 of L. 3907/11”. This
is the case even for asylum seekers who enjoy a right to remain on Greek territory. 6
These concerns are corroborated by official data. In 2022, the Police rejected 438
administrative appeals and only approved 12, i.e. no more than 2.7%.
Judicial review of detention
5,011 objections against detention were lodged in 2022. This means that less than one
out of five detention orders were challenged before the courts. Here too, effective
access to the remedy is marred by the aforementioned obstacles and by Greece’s
failure to observe its duty to provide free legal assistance.
The overwhelming majority of objections against detention were filed with the
Administrative Court of Athens (2,827), followed by Corinth (940), Piraeus (298),
Thessaloniki (240) and Kavala (157).
40% of objections against detention examined on their merits were granted by the
administrative courts in 2022:
4
5
6
Article 13(4) Return Directive; Article 28(4) L 3907/2011.
Ministry of Citizen Protection, Reply to parliamentary question, 7017/4/26334-γ΄, 13 March
2023, 3.
Article 73(1) Asylum Code.
4
RSA POLICY NOTE │ 2023