2. It is also to stress out the distinction made by the law between foreigners of Greek origin and foreigners of non-Greek descent. The criteria of this distinction are elements such as Greek language and religion, common traditions, common Greek ancestry and common Greek consciousness. This distinction between third-countries nationals according their origin is legally important: Greek legislation occasionally assimilates aliens of Greek origin to Greek citizens.
3. The current law on status of aliens is Law 4251/2014 (as amended by Law 4232/2015) covering entry, residence and social integration of third-countries nationals and stateless persons (Migration and Social Integration Code). The purpose of the new code (applicable from 1.6.2014) is twofold: the new legislative regime is intended to concentrate in one text the various solutions applicable since 1991 (laws, presidential and ministerial decrees) and on the other hand to simplify the issuing of residence permits by the competent Authorities. The said law is not applicable regarding EU citizens, employees of diplomatic and consular authorities and beneficiaries of international protection according to the provisions of the 1951 Geneva Convention Relating the Status of Refugees.
4. Among other novelties of the new code one must underline the introduction of two new types of residence permits: the “long-term residence permit” and the “second generation residence permit”. The advantage of the former lies in the fact that, contrary to the “unfixed-term residence permit” of the previous regime (Law 3386/2005), this new type of residence permit enables its holder to work not only in Greece but also in other EU countries. On the other hand the purpose of the “second generation residence permit” is to allow young persons of foreign nationality to legally reside in Greece, even if they do not work or study, provided that they are under 23 years old and they are born or went to school in Greece for six years. Another expression of the effort to modernize the legislation and the relevant administrative practice regarding the status of aliens are the new code’s provisions as to the validity period of residence permits. For instance, while according to the Law 3386/2005 the residence permit for employment was valid for one year and in case of renewal for two years, the current Law provides that the initial residence permit of this type is valid for two years, and is renewable for three years. Analogous solutions are adopted concerning other types of residence permits.
5. Apart from the effort to ensure a minimum protection for foreign nationals the Law of aliens in Greece as elsewhere presents a considerable economic dimension. This is reflected not only on the regulation of the conditions for obtaining a residence permit. Moreover, the recent law provides for a new type of residence permit for investment activity. The main characteristic of the relevant provisions is the establishment of an expeditious process of alien’s entry and residence, in order to precisely promote investments in Greece.
6. Notwithstanding the aforementioned positive elements, the recent developments have also provoked much criticism as to the ability of the current framework to resolve the various problems arising (out) from the financial crisis and the mass migration.
7. As already pointed out, Greek Asylum Law is mainly europeanized. Apart from the aforementioned Dublin III Regulation, one must mention a series of presidential decrees which implement into Greek law several relevant EU Directives such as the Directive 2011/95/EU “on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted (recast)”(Presidential Decree 141/2013); the Directive 2005/85/EC “on minimum standards on procedures in Member States for granting and withdrawing refugee status” (Presidential Decree 113/2013); the Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers (Presidential decree 220/2007); the Directive 2005/85/EC “on minimum standards on procedures in Member States for granting and withdrawing refugee status” (Presidential Decree 114/2010). Equally important is the Law 3907/2011 “on the establishment of an Asylum Service and a First Reception Service, transposition into Greek legislation of Directive 2008/115/EC “on common standards and procedures in Member States for returning illegally staying third country nationals” and other provisions.
8. On April 1st 2016, the Greek Parliament adopted Law 4375/2016, amid debate and speculation around the legal reforms needed for the implementation of the EU-Turkey deal of 18 March. The Law introduces a considerable number of changes to the institutional framework, the first reception procedures, the asylum procedure, the labour rights of beneficiaries of international protection, as well as the management of refugee flows in Greece. The asylum procedure, governed by a twofold legal framework under Presidential Decree 114/2010 for claims lodged before 7 June 2013 (“old procedure”) and Presidential Decree 113/2013 for applications filed after that date (“new procedure”), has undergone a number of significant changes.
9. Regarding more precisely the asylum procedures, the reform operated by the Law 4375/2016 concerns the following areas:
1) Reception and Identification Centers (Article 8).
2) Detention (Article 46): The Law only allows for asylum seekers who have already been detained for immigration reasons to remain in detention under exceptional circumstances, subject to an individualized assessment, necessity and consideration of alternatives to detention, for one of the following grounds: (a) to establish their identity or origin; (b) to examine main elements of the claim where there is a risk of absconding; (c) when the person had the opportunity to seek protection and applies solely to avoid deportation; (d) when the person poses a threat to national security or public order; and (e) to conduct a Dublin transfer where there is a significant risk of absconding. The same provision also reduces the maximum duration of detention. In cases related to the establishment of identity or origin, main elements of the claim, or the filing of an asylum application solely to avoid deportation, detention may only last 45 days and can be renewed by a further 45 days if the Asylum Service does not withdraw its recommendation for detention. In cases relating to public order or a Dublin transfer, detention cannot exceed 3 months. Detention of unaccompanied children pending their referral to a dedicated reception facility has also been curtailed by a maximum time-limit of 25 days, which can be prolonged by a further 20 days if the child cannot be transferred to such a facility due to exceptional circumstances, such as a large number of arrivals of unaccompanied children. However, a risk of detention arises in the case of persons arriving in Reception and Identification Centers on the “hotspots” or in the mainland. According to Article 14 of Law 4375/2016, new arrivals are subject to a restriction on freedom of movement within the premises of the Centers during the reception and identification procedure; as far as asylum seekers are concerned, their entire asylum procedure can be conducted within the Centre.
3) New border procedures (Article 60): Under the terms of Article 60, the merits of any asylum application could be examined at the border. A new element to the border procedure is brought about by Article 60(4). This clause enables the Ministers of Interior and Defense to adopt exceptional measures in case of large numbers of arrivals lodging asylum applications at the border or while staying in Reception and Identification Centers. These measures include the possibility for EASO officials and interpreters to support the national authorities in registration and the conduct of interviews, a deadline of one day for applicants to prepare for the interview, and a maximum time-limit of 3 days for deciding on appeals. However, they may not be applied to vulnerable groups or persons falling within the family provisions of the Dublin III Regulation.
4) Appeals (Article 61): The law introduces slight improvements to the time-limits for appealing a negative decision for applicants in detention, at the border or in a Reception and Identification Centre. The deadline for appealing a decision from detention has been increased from 10 days to 15 days, while the one for appeals submitted in a border procedure or in a reception and identification procedure has been extended from 3 to 5 days. The same Article states that all appeals have automatic suspensive effect against return orders. However, an opaque derogation to this rule is carved by Article 60(3), applicable to the border procedure. This rule provides that the applicant has the right to remain on the territory when the execution of a return order has been suspended following a related judicial decision. 5) Access to the labor market for the asylum seekers (Article 68).
