According to the law, when an application is lodged by an unaccompanied child, the Public Prosecutor must appoint a guardian for the child concerned in accordance with Article 19, paragraph 1 of 57 Presidential Decree 220/2007. There is no specific time limit within which the guardian must be appointed. The competent Prosecutor is designated as temporary legal guardian, and should then propose a permanent guardian to be appointed by the Court. There are no specific requirements to act as a guardian. In practice, the system is truly dysfunctional as prosecutors and the court’s office do not have the resources to handle the number of cases referred to them and because there is no institution or body in place that prosecutors can refer to in order to appoint permanent guardians. In some cases, the permanent guardianship is transferred to directors of the reception centres or state social workers. In a report, UNHCR and Praksis note that it “seems that the procedures followed in order to ensure the representation and protection of unaccompanied children depends on the discretion of the prosecutor and on the supporting services that the prosecutor may have at his or her disposal (such as NGOs, 58 social services)”. The Greek Government itself admits that the guardianship system has not reached yet a satisfying efficiency level. The law requires that in every case, the best interests of the child must be a primary consideration when implementing the provisions of this Article. In practice the Police informs the juvenile Prosecutor who acts as guardian of the child. Little more than that is done and the guardian does not engage in any action as guardian; in fact, the same Prosecutor usually formally acts as guardian for many children. F. The safe country concepts Indicators: - Does national legislation allow for the use of safe country of origin concept in the asylum procedure? Yes No Does national legislation allow for the use of safe third country concept in the asylum procedure? Yes No Does national legislation allow for the use of first country of asylum concept in the asylum procedure? Yes No Is there a list of safe countries of origin? Yes No Is the safe country of origin concept used in practice? Yes No Is the safe third country concept used in practice? Yes No According to Article 20 Presidential Decree 114/10, a country shall be considered as a safe third country for a specific applicant when all the following conditions are fulfilled: a. the applicant's life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion; b. the country respects the principle of non-refoulement in accordance with the 1951 Geneva Refugee Convention; c. the applicant is not at risk of suffering serious harm as described in Article 15 of Presidential Decree 96/2008 on the entitlement of subsidiary protection (implementing Art 15 Council Directive 2004/83/ECon minimum standards for the qualification and status of third country 57 58 Article 12 Presidential Decree 114/10. UNHCR et alii, opus cite. 35

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