10
THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
2008 this procedure was withdrawn as a result of legislative changes introduced by Greece in
transposing the EU Asylum Procedures Directive.29 However, due to ongoing concerns about
implementation in practice and the new July 2009 legislation on the asylum procedure, in
November 2009, the Dutch Refugee Council, Pro Asyl, the British Refugee and Migrant
Justice and the Finnish Refugee Advice Centre filed a complaint with the European
Commission against Greece, concerning the country’s failure to comply with EU law.30
Amnesty International Greece, among other bodies, including the National Commission for
Human Rights31 and the Greek Council for Refugees, also submitted a complaint to the
European Commission in November 2009. The complaint argued that PD 81/2009,
amending PD 90/2008, is incompatible with Article 39 of the Asylum Procedures Directive.
Although PD 81/2009 permits asylum-seekers rejected at first instance to submit an
application for annulment before the Council of State, it does not qualify as an effective
remedy since the Council of State can only examine the legality of the administrative ruling
rejecting an asylum application at first instance, and not the substantive merits of a claim.
On 3 November 2009, the European Commission sent Greece a letter of formal notice, which
constitutes the first stage of an infringement procedure, on the issue of access to the asylum
procedure, respect of fundamental rights, including the principle of non-refoulement, when
conducting border controls and treatment of asylum-seeking unaccompanied minors.32
It is worth noting that, with the aim of improving the situation of asylum-seekers in Greece,
bilateral agreements have been concluded between the Greek and Dutch authorities.33
However, Amnesty International considers that these agreements alone do not justify the
return of asylum-seekers to Greece while the legislation and practice in the asylum procedure
do not comply with international and regional law and standards. Moreover, even if the Greek
government were to engage in a genuine and full reform of the asylum system, its
implementation will not be achieved in the short term and will need to be carefully
monitored.
Amnesty International March 2010
Index: EUR 25/001/2010
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