New Pact on Migration and Case Law of the Greek Administrative Courts

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New Pact on Migration and Asylum: Interpretation of relevant provisions in the case law of the Greek administrative courts*

On 23 September 2020, as part of the New Pact on Migration and Asylum, the European Commission tabled legislative proposals aiming at an in-depth reform of the EU asylum acquis, in conjunction with the package of proposals presented in 2016 [1].

This note provides an overview of recent jurisprudence of the Greek administrative courts on the interpretation of provisions in force governing the border procedure, the suspensive effect of remedies, as well as administrative detention. The note aims to highlight legal issues and risks in the Commission proposals, with a view to contributing to the legislative process.

The topics covered in this note are:

  1. the exemption of vulnerable persons from the border procedure,
  2. the suspensive effect of asylum appeals, and
  3. the suspension of registration of asylum applications.

*Under Greek law, administrative appeals against (ενδικοφανείς προσφυγές) asylum decisions are examined by Appeals Committees, which are three-member administrative bodies composed by judges. Decisions of the Committees are amenable to judicial review (αίτηση ακύρωσης) on points of law by the administrative courts.

  1. RSA, ‘New Pact on Migration and Asylum: old “recipes” with dangerous ingredients codify derogations from legality and undermine the rule of law and the rights of refugees’, 26 October 2020, available at: https://bit.ly/3c6KHSu.
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DATE
Thursday, April 22, 2021
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New Pact on Migration and Asylum: Interpretation of relevant provisions in the case law of the Greek administrative courts*

On 23 September 2020, as part of the New Pact on Migration and Asylum, the European Commission tabled legislative proposals aiming at an in-depth reform of the EU asylum acquis, in conjunction with the package of proposals presented in 2016 [1].

This note provides an overview of recent jurisprudence of the Greek administrative courts on the interpretation of provisions in force governing the border procedure, the suspensive effect of remedies, as well as administrative detention. The note aims to highlight legal issues and risks in the Commission proposals, with a view to contributing to the legislative process.

The topics covered in this note are:

  1. the exemption of vulnerable persons from the border procedure,
  2. the suspensive effect of asylum appeals, and
  3. the suspension of registration of asylum applications.

*Under Greek law, administrative appeals against (ενδικοφανείς προσφυγές) asylum decisions are examined by Appeals Committees, which are three-member administrative bodies composed by judges. Decisions of the Committees are amenable to judicial review (αίτηση ακύρωσης) on points of law by the administrative courts.

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