FORGOTTEN Administratively detained irregular migrants and asylum seekers a ground for accelerating the asylum procedure, taking into account the possible lack of appropriate spaces and difficulties in ensuring decent living conditions of the detainees. These difficulties, as well as the vulnerability of the applicants, shall be also considered for the imposition or prolongation of detention. Furthermore, more guarantees are stipulated concerning the detention of minors, including information on the right to free legal aid. We should also note that some of the provisions of the 2013/33/ EU Directive have not been transposed into Greek legislation and, in particular, the article 10 par. 2 of the aforementioned Directive, according to which «detained applicants shall have access to openair spaces» and the article 11 par. 1, in compliance with which « the health, including mental health, of applicants in detention who are vulnerable persons shall be of primary concern to national authorities. Where vulnerable persons are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health». However, according to the constant jurisprudence of the Court of Justice of the European Union, the provisions of a directive may, exceptionally, have direct effects in a Member State even if the latter has not yet adopted a transposing act in cases where: (a) the directive has not been transposed into national law or has been transposed incorrectly; (b) the provisions of the directive are imperative and sufficiently clear and precise; and (c) the provisions of the directive confer rights on individuals.12 In addition, the conditions in Pre-Removal Detention Centers are regulated by the Joint Ministerial Decision No. 8038/23/22, dated 21/1/2015, which refers to the establishment and operation of PreRemoval Detention Centers of Third-Country Nationals and their Rules of Operation. The provisions of the above-mentioned Joint Ministerial Decision, comply, in general terms, with the international standards. More specifically, they provide for decent living conditions, yard time, leisure activities, access to medical treatment and psychological support, information on rights and obligations, access to legal aid and special care for vulnerable persons.13 Furthermore, standards are set in relation to the admission process of the detainees at the infirmary 12 http://www.europarl.europa.eu/atyourservice/el/displayFtu.html?ftuId=FTU_1.2.1.html (5th September 2016) 13 Art.. 6 Joint Ministerial Decision No 8038/23/22−ιγ΄, dated 21/1/2015 17

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