effect on 25 June 2025, the date from which, according to the Plenary Session of the Council of State,
the hearing of administrative appeals by a single-member panel is prohibited.
Appeal Committees interpreted the decision as allowing them to proceed with the hearing even after 25
June, and that the unconstitutionality refers only to the cases that the appeal will be filed after 25 June.
As a result, several cases that were appointed to Single Member Committees were decided by the Single
Member even after 25 June.
GCR represented before the administrative court of Athens the case of a young afghan whose case was
decided and rejected from a Single- Judge Committee while the hearing took place after the 25th of June.
The application for annulment is still pending, nonetheless the application for postponement of the
execution of the decision and thus his return was granted the Court accepting the argument of the
applicant that the decision has been in violation of the constitution as prescribed by the decision of the
CoS and thus the application is evidently well founded. 610 On the other hand, the Administrative Court of
Thessaloniki in a similar case, did not considered that the fact that the hearing took place after the 25 th
renders the application evidently well founded. The constitutionality of the negative decision according to
the Court is matter to be resolved by the Court of Annulment since the matter of its effect is not clear or
well decided upon611
Mention should be made that pending the decision of the CoS, all annulment cases pending before the
competent administrative courts concerning Single Judge decisions have been postponed repeatedly
over the year awaiting the CoS to resolve on the issue. Nonetheless, even after the decision, the Courts
continue to postpone hearings.612
Additionally, the above mentioned decision also affects subsequent applications (see Subsequent
applications), since a single judge was also responsible for deciding upon appeals on first instance
admissibility rejections of such applications.
Rules and time limits for appeal
Similar to the first instance fast-track border procedure, truncated time limits are also foreseen in the
appeal stage. In particular, the deadline for appealing a negative decision is 10 days, instead of the 30
days deadline foreseen in the regular procedure.613 The Appeals Committee examining the appeal must
make a decision within seven days,614 contrary to 30 days in the regular procedure.615 In practice, this
very short deadline is difficult for the Appeals Committees to meet, and raises serious concerns over the
quality of the decisions issued.
The average time (in days) for the issuance of 2nd instance decisions was 89 days from lodging the lodging
and 51 days from its discussion.616 As a rule, the procedure before the Appeals Committees must be
written, based on the examination of the dossier, except from cases, provided by the Article 102(3) Asylum
Code, where the Appeals Committee decides to call for an oral hearing. 617
As far as the appeal procedure is concerned, in addition to the concerns related to the admissibility of
appeals in general (see Regular Procedure), it shall be noted that it is practically impossible for the
applicants to submit an appeal on their own, i.e., without legal aid. Specifically, Article 98 of the Asylum
Code requires, for the appeal to be admissible, inter alia, reference and development of specified reasons
for the appeal. At the same time, the negative decisions are served to the applicants in Greek, and though
a simplified text in a language the applicant is expected to understand is served as an accompanying
610
611
612
613
614
615
616
617
Decision and file of the case with the author.
Decision also with the author
Case files with the author.
Article 95(3)(c) Asylum Code.
Article 95(3)(c) Asylum Code.
Article 106(1)(a) Asylum Code.
MoMA, Report A December 2024 Appendix A, available here.
Article 102(3) Asylum Code.
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