Establishment and Composition of the Independent Appeals Committees of the Appeals Authority The legal basis for the establishment of the Appeals Authority was amended several times in recent years and has been further amended by the IPA.341 More precisely, following an amendment in 2016, the composition of the Appeals Authorities consisted of two active Administrative Judges in the new threemember Appeals Committees (Ανεξάρτητες Αρχές Προσφυγών) and a third member, holding a university degree in Law, Political or Social Sciences or Humanities with specialisation and experience in the fields of international protection, human rights or international or administrative law.342 According to the amendment introduced by the IPA, the three-member Appeals Committees are composed by three active Administrative Judges of First Instance Administrative Courts and Administrative Courts of Appeal. Moreover, a single member/Judge Committee has been introduced.343 These amendments have been highly criticised and issues of unconstitutionality have been raised due to the composition of the Committees inter alia by the Union of Administrative Judges,344 and the Union of Bar Associations.345 An application for Annulment with regards inter alia the compliance with the Greek Constitution of the single member/Judge Appeals Committee was filed by GCR before the Council of State in 2020. The hearing, initially set for 28 March 2023, has been scheduled following several postponements for 14 May 2024. GCR is aware of at least two occasions of postponement of a hearing of an annulment case before the First Instance Administrative Court, pending a decision by the Council of State under the pilot procedure which was triggered by the First Instance Administrative Court of Thessaloniki.346 As mentioned above, Appeals Committees are composed of active Administrative judges of both First Instance and Administrative Courts of Appeal. However, following the entry into force of the IPA, the responsibility for the judicial review of the second instance decisions issued by the Appeals Committees has been attributed to the First Instance Administrative Courts and thus further issues of constitutionality may occur. In October 2020, the Council of State triggered its pilot procedure upon referral of three cases from the Administrative Court of Athens, supported by RSA, with a view to adjudicating on the constitutionality of the competence of Administrative Courts to judicially review decisions of the Appeals Committees, given that second instance decisions may be – and often are – taken by Committees composed by higher-court judges (Administrative judges of the Administrative Courts of Appeal).347 In October 2021, the Council of State held by majority that the competence of First Instance Administrative Courts to judicially review decisions of the Appeals Committees, even in cases where the second instance decisions on asylum applications are taken by Committees composed by higher-court judges, is constitutional.348 Specifically, it considered that Appeals Committees are a “collective administrative body” which exercises “competences of a judicial function”, and that judges participate therein not as judicial officials but as “state officials – members of independent authorities of the executive”. First-instance Administrative Courts therefore judicially review decisions by executive bodies, not rulings by judicial 341 342 343 344 345 346 347 348 More precisely, it was amended twice in 2016 by L 4375/2016 in April 2016 and L 4399/2016 in June 2016, in 2017 by L 4461/2017 and in 2018 by L 4540/2018; see AIDA, Country Report: Greece, 2019 update, available at: https://bit.ly/3ozpn10. Art. 5 L. 4375/2016 as amended; the third member is appointed by UNHCR or the National Commissioner for Human Rights if UNHCR is unable to appoint one. If both are unable, the (now) Minister for Migration Policy appoints one. Article 116(2) and (7) IPA. Union of Administrative Judges, Υπόμνημα Ενόψει της συζήτησης του σχεδίου νόμου του Υπουργείου Προστασίας του Πολίτη «Περί Διεθνούς Προστασίας και άλλες διατάξεις», 30 October 2019, available in Greek at https://tinyurl.com/5n6wx744. Union of Bar Associations, Επιστολή του Προέδρου της Ολομέλειας των Δικηγορικών Συλλόγων προς τον Υπουργό Προστασίας του Πολίτη για το σχέδιο νόμου για τη Διεθνή Προστασία, 25 October 2019, available in Greek at: https://bit.ly/32KGSKL. Council of State, Προδικαστικό ερώτημα μετά την υπ' αριθμ. ΑΔ534/2022 του Διοικητικού Πρωτοδικείου Θεσσαλονίκης, 7 October 2022, available in Greek at: https://tinyurl.com/55cu7vz2. Council of State, Γνωστοποίηση της υπ' αριθ. 19/12-10-2020 πράξης της Επιτροπής του άρθρου 1 παρ. 1 του ν. 3900/2010, 13 October 2020, available in Greek at https://tinyurl.com/eufakwy5; RSA, The Council of State pilot procedure on judicial review in the asylum procedure, 1 February 2021, available at: https://bit.ly/480b4DN. Council of State, Decision Nr. 1580-1/2021, October 2021. 77