Ε. Conclusions Findings Recommendations
in the legislation with fast-track reception procedures248
and specific deadlines for deportation decisions based on
readmission, appeal against those decisions, etc. There
was provision only for the asylum process at the first and
second instance, especially for the hotspots (Article 60
of Law 4375/2016). The deportation decisions based on
readmission were finalised with a circular of the Hellenic
Police in July 2016.249
However, even where there were special legislative
provisions, as for example in the review of asylum
applications, it should be noted that they did not remain
constant: the provisions for the Appeals Authority were
amended already twice in 2016, in April and June, and a
new amendment is expected.250
Even more problematic for legal certainty is the fact that
the competence for deciding an appeal against an asylum
decision at the 1st instance is distinguished into 4 different
categories provided for by usually transitional provisions.251
The constant legislation of extraordinary procedures
for direct award due to emergency, as well as the special
spatial planning and property designation procedures, with
more recent example the amendment on 9.3.2017 on the
facilities for minors by the Ministry of National Defence, are
a regression from issues of transparency of public tenders
and procurements.252
The lack of clear rules is identified mainly in areas where
these rules are needed the most: in the provisions for
guardianship of unaccompanied minors, the specifications
for the various welfare structures and the clear rules of
248 See Article 14(2) of Law 4375/2016 that provides for the completion
within 25 days of the first reception procedures at the hotspots, in comparison
to the overall time of also 25 days (initially 15 and extension of another 10) of
Article 11(5) of Law 3907/2011.
249 https://www.synigoros.gr/?i=foreigner.el.metanastis-egkyklioi.379856
250 According to Article 4 of Law 4375/2016, which replaces the repealed
Article 3 of law 3907/2011 (repeal of the entire chapter A of Law 3907/2011
with Article 81 of Law 4375/2016). Subsequently, with Article 86 of Law
4399/2016, that was introduced with an amendment (Art. 496/25) and brought
about, inter alia, a change in the composition of the Appeals Committees (see
Chapter D.2 above). With Article 86(3) of Law 4399/2016 the submission of
reports by the Appeals Authority to the Greek Ombudsman was also repealed
(Article 4(3) of Law 4375/2016) for the monitoring of the procedures followed. A
late amendment again for the Appeals Authority was submitted to the Parliament
on 13.3.2017 http://www.hellenicparliament.gr/UserFiles/bbb19498-1ec8431f-82e6-023bb91713a9/9969803.pdf
251 See Article 81(27) of Law 4375/2016, Article 86(27) of Law
4332/2016.
252 http://www.hellenicparliament.gr/UserFiles/bbb19498-1ec8-431f-82e6023bb91713a9/9966464.pdf
86
operation of the open or closed facilities.
The halting throughout 2016 and up to this day of the draft
law for the guardianship of unaccompanied minors deprives
them of a basic institutional guarantee for the protection
of their rights. The minors’ representation, as well as
the management of their daily problems, are impossible
without such as person, who, considering the particular
circumstances, is essentially exercising their guardianship.
Significant rights in the minors’ lives, such as access to
education and health, as well as general issues of their
social inclusion, become a dead letter without substantial
guardianship.
As regards the lack of rules for closed or open facilities:
• T he
Detention Centers were operating in 2014
as Identification Centers, a category outside the
legislative authorisation (Law 3907/2011), before the
establishment, as provided for by law, of Pre-removal
Centers with JMD of 21-1-2015 (B 118), which also
includes the Rules of their Operation. At the hotspots
(Reception and Identification Centers of the islands),
which have crucial importance both for the endeavour of
the EU-Turkey Statement, and for the rights of the involved
parties, the clear determination of the standard operating
procedures is still a basic shortcoming. The Ombudsman
recommends253 the immediate issue of internal rules for
the operation of the hotspots.
• T he
temporary accommodation sites for refugeesmigrants are operating in practice without implementation
of the framework of Law 4375/2016. Nearly a year
after the provision for Facilities of a) Temporary
accommodation and b) Temporary Reception with Law
4375/2016 (Article 10), we see a piecemeal approach
to the implementation of the provisions pertaining to
the facilities, the majority of which were still operating
unofficially until the beginning of 2017, and without
meeting the formal and essential requirements of the
applicable laws. Indicatively, the issue of a JMD is
pending for the establishment of the open Temporary
Reception and Temporary Accommodation Facilities, the
establishment of General Rules for the Operation of the
Facilities, the issue of Internal Rules of Operation for each
one of them, as well as the specialisation of the terms
253 And so does the European Commission.
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