to rule on the lawfulness of an international agreement concluded by the Member States.’718 The decision
became final on 12 September 2018, as an appeal against it before the CJEU was rejected.719
1. Safe country of origin
According to Article 92 Asylum Code, safe countries of origin are:
(a) Those included in the common list of safe countries of origin by the Council of the EU; and
(b) Third countries, in addition to those of case (a), which are included in the national list of safe
countries of origin and which shall be established and apply for the examination of applications
for international protection and published in accordance with Article 92 paragraph 5, issued by a
Joint Ministerial Decision by the Ministers of Citizen Protection and Foreign Affairs, following a
recommendation of the Director of the Asylum Service.
A country shall be considered as a “safe country of origin” if, on the basis of legislation in force and of its
application within the framework of a democratic system and the general political circumstances, it can
be clearly demonstrated that persons in these countries do not suffer from persecution, generally and
permanently, nor torture, inhuman or degrading treatment or punishment, nor a threat resulting from the
use of generalised violence in situations of international or internal armed conflict.720
To designate a country as a “safe country of origin”, the authorities must take into account inter alia the
extent to which protection is provided against persecution or ill-treatment through:721
v The relevant legal and regulatory provisions of the country and the manner of their application;
v Compliance with the ECHR, the International Covenant on Civil and Political Rights (ICCPR),
namely as regards non-derogable rights as defined in Article 15(2) ECHR, the Convention against
Torture and the Convention on the Rights of the Child;
v Respect of the non-refoulement principle in line with the Refugee Convention; and
v Provision of a system of effective remedies against the violation of these rights.
A country may be designated as a “safe country of origin” for a particular applicant only if, after an
individual examination of the application, it is demonstrated that the applicant (a) has the nationality of
that country or is a stateless person and was previously a habitual resident in that country; and (b) has
not submitted any serious grounds for considering the country not to be a safe country of origin in his or
her particular circumstances and in terms of his or her qualification as a beneficiary of international
protection.722 The “safe country of origin” concept is a ground for applying the Accelerated Procedure.
Until the implementation of IPA, there was no national or EU common list of safe countries. Therefore,
the rules relating to safe countries of origin in Greek law had not been applied in practice and there had
been no reference or interpretation of the abovementioned provisions in decision-making practice.
Following a joint Ministerial Decision issued on 31 December 2019,723 12 countries were designated as
safe countries of origin. These are Albania, Algeria, Armenia, Gambia, Georgia, Ghana, India, Morocco,
Senegal, Togo, Tunisia and Ukraine. In January 2021 Bangladesh and Pakistan were included in the
aforementioned list.724 In February 2022, Benin, Egypt and Nepal were also added to the list.725 The list
of safe countries of origin was updated in November 2022 by Joint Ministerial Decision 708368, which
removed Ukraine from the list.726 The latest JMD727 establishing the list of safe countries of origin was
published in December 2023 and includes the countries mentioned in the previous JMD.
718
719
720
721
722
723
724
725
726
727
Ibid.
CJEU, Cases C-208/17 P, C-209/17 P and C-210/17 P NF, NG and NM v European Council, Order of 12
September 2018.
Article 92(3) of Asylum Code.
Article 92 (4) of Asylum Code.
Article 92 (2) of Asylum Code.
Joint Ministerial Decision No 1302/20.12.2019, Gov. Gazette 4907/B/31.12.2019.
Joint Ministerial Decision No 778/2021, Gov. Gazette 317/Β/29-1-2021.
Joint Ministerial Decision No 78391/2022, Gov Gazette 667/Β/15-02-2022
Joint Ministerial Decision No 708368/2022, Gov Gazette 6012/Β/25.11.2022 available at: https://bit.ly/4d2bflc.
Joint Ministerial Decision No 527235/2023, Gov Gazette 6844/Β/5.12.2022 available at: https://bit.ly/4d2bflc.
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