serious violations of fundamental rights or international protection obligations committed by a host
Member State.605
5.3.
Appeal
Indicators: Fast-track border procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the accelerated procedure?
Yes
No
❖ If yes, is it
Judicial
Administrative
❖ If yes, is it suspensive
Yes
Some grounds
No
A total of 12,552 appeals against decisions in the asylum procedure were lodged in 2025. Of these, 12,129
were lodged on the mainland and the remaining (423) on the islands.606 Main countries of origin for these
appeals in 2025 were Egypt (36.4%), Bangladesh (10.2%), Pakistan (7.1%), Nepal (5.5%) and Sierra
Leone (5.4%).607
Changes in the Appeals Committees
As noted in the Regular procedure - Appeal, Article 148 Asylum Code608 provides that the Appeals
Committees under the Independent Appeals Authority, comprised of administrative judges, may operate
in a single or three-member composition.
On 3 December 2024, the Greek Council of State declared that the single composition of the Independent
Appeals Committees in asylum procedures is unconstitutional (against Article 89 (2) of the
Constitution).609
Decision No. 1150/2025 of the Plenary Session of the Council of State on June 26, 2025, declared the
provision establishing Single-Judge Appeals Committees to be unconstitutional as contrary to Article 89
of the Constitution. The Court ruled by a majority that Article 89(2) of the Constitution does not permit the
assignment to a judicial officer of the duties of a single-member administrative body, even if that body
exercises powers of a disciplinary, supervisory, or adjudicatory nature. Consequently, the provision of
Article 5(7) of Law 4375/2016, as that article was replaced by Article 116(2) of Law 4636/ 2019 and that
paragraph was reworded by Article 30(2) of Law 4686/2020, is unconstitutional to the extent that it
provides that the Independent Appeals Committees may operate with a single-member composition.
Additionaly, the Court, taking into account the large number of negative decisions on applications for
international protection that have been rendered by single-member Independent Appeals Committees
and the difficulties the Administration will face due to the actual situation arising from the retroactive nature
of the found unconstitutionality, ruled that the consequences of the unconstitutionality shall take effect as
of the day prior to the publication of this decision. Specifically, from the day prior to the publication of the
decision onwards, administrative appeals filed against decisions of the Asylum Service may not be heard
by single-member Independent Appeals Committees.
The above decision was published on June 26, 2025.; Consequently, the consequences of
unconstitutionality, and specifically that (Note 12 of the Decision) “Article 89(2) of the Constitution does
not permit the assignment to a judicial officer of the duties of a single-member administrative body” took
605
606
607
608
609
EUAA, Management Board Decision No 166 of 25 September 2024 on the Fundamental Rights Strategy 20242028, available here.
MoMA, Statistics: Consolidated Reports – Overviews for January to, December 2025 - International Protection
| Appendix A, available at: https://migration.gov.gr/statistika/, Table 9a.
Ibid. Table 9b.
Previously Article 116 IPA.
Greek Council of State, Announcement of 3rd December 2024 by the President of the Council of State,
available here.
134