35 extenuating circumstances make meeting in e. No Legal Remedy person impossible. However, for detained asy- Legal Framework lum seekers the Asylum Code goes a step further Procedures grounded in EU and International and guarantees detained asylum seekers free le- law must include the right to an effective rem- gal assistance to challenge their detention.118 Fi- edy. Article 47 CFR enshrines the right to an ef- nally, people quarantined under the relevant fective remedy in EU law. Paragraph 1 of Article provisions of Greek COVID-19 laws have the 47 establishes that “everyone whose rights and right to be represented by a lawyer when chal- freedoms guaranteed by the law of the Union lenging their quarantine decision.119 are violated has the right to an effective remedy 117 Application Greek authorities have repeatedly denied legal service providers access to the quarantine and therefore the ability to provide quarantined asylum seeker with information about their rights. before a tribunal in compliance with the conditions laid down in this Article.” The CJEU has interpreted Article 47 to specifically include the right to an effective remedy before a court.121 Article 47 requires an effective judicial remedy against both the rights laid down in the CFR it- On Chios, lawyers are denied any access to the self and those established elsewhere in EU quarantine. In one event, the police guarding law.122 This right is also explicitly established by Lefkonia forbade a group of lawyers from Equal the Greek laws pertaining to COVID-19. The Rights and other local NGOs from even passing February 25th Legislative Act gives any person along their business cards to a group of newly affected by the measures laid out in the act the arrived asylum seekers.120 Moreover, the RIC on right to submit objections before the competent Chios responded as recently as 21 June 2022 that first instance administrative court. access to Lefkonia was not possible due to EODY’s COVID-19 health guidelines, confirming the denial of any access to legal services for asylum seeker while in quarantine. Further, since phones of asylum seeker in quarantine have been confiscated as mentioned above, those quarantined are denied the rights to at least contact legal service providers by phone to receive legal advice. Secondary EU asylum law also directly provides for the right to an effective remedy, particularly where the state deprives a person of his or her liberty. The RCD specifically guarantees applicants who are detained effective access to necessary procedural guarantees, including a remedy before a national judicial authority. 123 Moreover, Article 5(4) ECHR guarantees “everyone who is deprived of his liberty by arrest or Ibid. Art. 50(7) Law 4939/2022. 119 Art. 1(5) Law 4682/2020. 120 See:: Γϊωργος Παγουδής, Αϊτουντες ασυλο χωρϊς δϊκαϊωματα «λογω κορονοϊου», Εφήμερϊδα των Συντακτων, 13 July 2021, available at: https://bit.ly/417rojB (Greek only); Note that the EU Asylum Procedures Directive states that, regarding detention, “In order to ensure compliance with the procedural guarantees consisting in the opportunity to contact organizations or groups of persons that provide legal assistance, information should be provided on such organizations and groups of persons” (Art. 21 2013/32/EU). 121 CJEU, Judgement of 15 May 1986, 222/84, Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary. 122 Cf. Only Lübbe, The Elephant in the Room, Verfassungsblog, 19/02/2020, available at: https://bit.ly/3gOzwyW. 123 Preamble para 15 Directive 2013/33/EU. 117 118 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios