Coping with a fundamental rights emergency – The situation of people crossing the Greek border in an irregular manner
2. Migration management in Greece
Fragmentation of responsibilities
At a central level, responsibility for the management of migration and asylum is fragmented.
Four Ministries play a central role: the Ministry of Citizen Protection is responsible for border
control and surveillance, asylum, and returns, including the running of screening and removal
centres. The formulation of migration policy and the issuance of residence permits fall under the
competence of the Ministry of Interior, Decentralisation and E‐government. The Ministry of
Health and Social Solidarity is in charge of reception facilities for asylum seekers, whereas the
Ministry of Labour and Social Protection has been assigned responsibility for coordinating the
government actions relating to migration.
The Greek Action Plan
An Action Plan on Migration Management was developed by the Greek authorities in 2010. The
process to develop the plan was participatory involving all main actors, including civil society
representatives. The Action Plan provides a comprehensive and well‐thought structure for
addressing the gaps in the Greek system for managing asylum and migration.
Substantial efforts have been made towards the implementation of the Action Plan. Two
important steps were taken at a legislative level setting the basis for the implementation of the
Action Plan. First, in November 2010 a Presidential Decree was adopted introducing important
changes to the asylum procedure for a transitional period.18 The Presidential Decree provides
for a number of procedural safeguards and introduces appeals boards to review the decisions
made by the administration. It also assigns an important role to UNHCR.
Secondly, a new law was adopted in January 201119 establishing an asylum service as well as a
first reception service and transposing certain aspects of the Return Directive. It establishes an
Asylum Service as well as a First Reception Service as separate structures within the Ministry of
Citizen Protection. The law provides for the creation of screening centres throughout the
country, where persons entering the country in an irregular manner will be channelled to the
appropriate procedure. The screening centres shall also identify persons with specific needs and
refer these to the competent bodies for individual follow up. According to the law irregular
migrants will stay in the screening centres for 15 days (Article 11) which can exceptionally be
extended for an additional period of 10 days. After that, individuals should either be returned,
referred to reception facilities for asylum seekers, structures for vulnerable groups or pre‐
removal detention facilities or otherwise be released.
18 PD 114/2010 of 22 November 2010.
19 The Law on the establishment of an Asylum Service and a First Reception Service, adaptation of the Greek legislation to the
provisions of the Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying
third‐country nationals and other provisions was adopted on 18 January and published on 26 January 2011. The Greek version
of the law is available at: www.hellenicparliament.gr/UserFiles/bcc26661‐143b‐4f2d‐8916‐0e0e66ba4c50/I‐YPASYL‐PAP.pdf.
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