documentation. Failure to comply with this obligation can lead to the reduction or withdrawal of material reception conditions in accordance with Article 61 Asylum Code.1058 Lastly, the right is automatically withdrawn upon issuance of a negative decision which is not subject to an automatically suspensive effect, and applicants lack the right to stay on the Greek territory.1059 All the above are interlinked with access of the asylum applicants and beneficiaries of international protection to public social insurance coverage. A legislative change in late 2023 introduced a – in many cases unsurmountable - challenge for asylum applicants in Greece. By virtue of Joint Ministerial Decision no. Φ80320/109864/14.12.2023, the activation of the social security number (AMKA) for adult beneficiaries of international protection, requires, as proof of residence, a certificate of employment, an employment contract or a commencement of work, uploaded in the ERGANI system,1060 in addition to the already existing obligation to prove one’s residence by a lease contract or a solemn declaration of a third person hosting the asylum seeker. The above regulation raises concerns regarding the treatment of beneficiaries of international protection and the safeguarding of their social rights that have been collectively addressed by CSOs in Greece to the competent Ministries.1061 In so far as it establishes a differential approach vis-à-vis beneficiaries, compared to nationals –which is also in breach of Articles 29 and 30 Asylum Code– it also introduces an additional layer to be considered under relevant infringement proceedings triggered by the European Commission in January 20231062, whose outcome remains yet unknown. Obstacles in practice Data collected through an ongoing survey conducted under the coordination of UNHCR, between February 2022 and March 2024,1063 helps provide some further contextualisation to the challenges faced by asylum seekers in order to effectively access and remain in the Greek labour market. Namely, based on a total of 107 surveys carried out during the reference period with the participation of households in the asylum procedure or pending registration (fully registered, pre-registered and unregistered while willing to apply for asylum), the vast majority of respondents (80%) were either not working (63%), in most cases during the 12-month period preceding their participation to the survey, or were only able to find occasional work (17%). Moreover, of those working on a regular (20%) or occasional (17%) basis, the majority (56%) were doing so without any type of legal contract, indicating significant levels of labour exploitation. Lack of knowledge of the language, lack of documentation and the inability to find legal employment were noted as the main three challenges with respect to finding work in Greece, followed by the lack of knowledge on how to find employment and the lack of day care for the children, which to GCR’s experience particularly affects single parent households with a female head. Discrimination/racism was also noted as a hindering factor in 5 out of 107 cases, while in only 2 cases did respondents state they did not wish to find work in Greece at the time. A December 2023 study commissioned by UNHCR, as part of which more than 3,700 applicants and beneficiaries of international protection were surveyed between May-July 2022, seems to further 1058 1059 1060 1061 1062 1063 Article 57(4) Asylum Code. Article 57(3) Asylum Code. Joint Ministerial Decision no. Φ80320/109864/14.12.2023 of the Ministers of National Economy and Finance, Foreign Affairs, National Defense, Interior, Health, Labour and Social Security, Citizen Protection, Immigration and Asylum, Maritime and Island Policy and Digital Governance regarding the conditions and the procedure for the issuance, activation, deactivation and inactivation of the Social Security Number (AMKA), for the activation of the AMKA for adult beneficiaries of international protection, Article 6 par. 5b, available in Greek here. A letter sent on 15 July 2024 by NGOs participating at the Legal Aid Working Group is in GCR’s files and available upon request GovWatch EU Commissioner Johansson: Greece violates EU law on refugees On 26 January 2023, Commissioner Johansson sent two letters to the Greek government launching infringement proceedings against Greece for non-compliance with EU refugee rights legislation. https://tinyurl.com/45byjecv See UNHCR, Inter-Agency Protection Monitoring for Refugees in Greece: Key findings, available at: https://tinyurl.com/3z6t3y9f. For the data presented in this paragraph filters have been used, in order to only include the data arising from the surveys carried out with households that were clearly still in the asylum procedure or were waiting for their application to be registered. 219