1.4.1. Administrative review
Since the entry into force of the IPA on 1 January 2020, the Independent Appeals Committees are the
sole administrative bodies competent for the examination of appeals lodged against first instance asylum
decisions.
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.396 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. 397 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.398
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, 399 and the Union of
Bar Associations.400
The Administrative Court of First Instance of Thessaloniki, considering an application for annulment with
regards to the compliance with the Greek Constitution of the single member/Judge Appeals Committee,
sent a question for a preliminary ruling to the Council of State (CoS), whose Plenary Session, following a
reference from its Fourth Chamber, ruled by majority, in December 2024, that the provision of Law
4686/2020, which stipulates that the Independent Appeals Committees operate under a one-member
composition, is contrary to the Constitution. The CoS also deemed that for reasons of public interest the
decision will have to be published and applied after April 2025. After the publication, appeals against
decisions of the Asylum Service will not be heard by Independent Appeals Committees with a onemember composition.401
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). 402
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
396
397
398
399
400
401
402
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
here.
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
here.
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 here.
Ertnews, The Council of State judges the unilateral composition of Independent Appeals Committees in
asylum procedures unconstitutional, 03 December 2024, available in Greek here.
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.
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