First of all, which law are we talking about?
The new bill by the Ministry of Migration, which was passed on 09.06 and is more than 100 pages long, is titled “Implementation of the Pact on Migration and Asylum and other provisions.”
In practice, it incorporates European legislation on Migration and Asylum — which we will simply refer to as the Pact from now on — into Greek law.
To begin with, what we need to understand is the Pact.
Now comes the difficult part
The Pact, which runs to more than 1,000 pages, includes 9 regulations and 1 directive, which member states had until 12.06 to adopt.
For all EU institutions to agree on a final version, around four years of intense negotiations were needed:
September 2020: Legislative proposal by the European Commission
April 2024: Approval by the European Parliament, with 322 votes in favor, 266 against and 31 abstentions
And what will happen with this Pact?
The Pact will unify and tighten Migration and Asylum policy across the EU.
It is built around two main pillars:
It defines more clearly which country takes responsibility for each asylum application, meaning which is the “responsible country.”
It obliges EU countries to help those facing heavy migration pressure through the Solidarity Mechanism.
What do we mean by “responsible country”?
For example, if an asylum seeker enters the EU through Greece, moves to Germany and applies for asylum there, until now there have been disagreements over which country was responsible for examining the asylum application.
From now on, the basic logic of the European system is that, usually*, the responsible country is the country of entry into the EU — in this example, Greece.
*Exceptions apply for people with family in other EU countries and for minors.
And what do we mean by “Solidarity Mechanism”?
When a country is under “pressure” due to a high number of arrivals of asylum seekers, the other EU states will be obliged to contribute in some way.
Which countries are under pressure will be determined by an annual report by the European Commission, based on arrival data and the overall migration situation in each member state.
What are the ways to contribute?
a) Relocation
Germany, for example, may “take in” some asylum seekers and examine their asylum application itself, even if those people entered the EU through, for example, Greece.
b) Financial contribution
Alternatively, Germany, for example, may choose not to “take them in,” but instead contribute financially — specifically €20,000 for each person it does not “take in.”
c) Operational support
Otherwise, it may provide personnel, equipment, expertise, etc.
What does this practically mean for Greece?
We asked experts in Refugee Law to answer this question.
The definition of “responsible countries” will increase the number of asylum seekers returned to Greece from other EU states, as well as the number remaining in the country until their asylum claims are examined — something that had not been strictly enforced until now.
In practice, the Solidarity Mechanism may give wealthier EU countries an excuse to simply provide money instead of relieving the pressure on countries of first entry.
Okay, that covers the countries. What changes for asylum seekers?
In simple terms, what changes is what they will have the right to request as soon as they arrive in an EU country.
Before the Pact, when a person came to the EU from a third country, the country examined whether they had the right to asylum.
After the Pact, it will first be examined whether they are even allowed to apply for asylum. Then, if it is decided that they can, it will be examined whether they are entitled to it.
How will this work?
When someone arrives at the border, they will first go through “screening,” which will include identification, health checks and security checks — for example, whether they are considered to be linked to terrorist organizations.
The screening will last up to 7 days, during which asylum seekers will be detained, without access to legal assistance, but with a commitment to “independent monitoring,” for example by NGOs.
From these first days of detention, it will be decided whether they have a future in the EU.
The two scenarios after the “screening”
Fast-track border procedure*
This will apply to people considered less likely to have the right to asylum — for example, because of their country of origin — or to those considered to have misled the authorities or to pose a security risk. It is expected to lead mainly to deportations.
Regular asylum procedure
This is the asylum application procedure as it has applied until now. It will apply to those who do not fall into the above categories.
*Unaccompanied minors are exempt from this procedure.
Contrary to refugee law
The institutionalization of the first scenario leads experts to believe that the new European legislation goes against the very concept of Refugee Law.
Refugee Law is based on the individual story of each applicant — for example, whether they face political, religious or other persecution — and not on “profiling” based on country of origin or on mass summary checks carried out under detention conditions.
Concerns over legal representation
At the screening stage — meaning before it is decided whether a person will enter the regular asylum procedure or the fast-track border procedure — no substantive legal representation or assistance is provided.
Nor is legal representation provided in the following stages, meaning the presence of a lawyer. Instead, legal assistance is provided in the form of a brief 45-minute online information session with a lawyer.
Return procedure
People will be deported from EU member states:
- either if they are not even given the opportunity to apply for asylum, through the “fast-track” route
- or if their asylum application is rejected, through the regular procedure
The return procedure is set out in the “Return Regulation,” which was approved by the European Parliament on 17.06.
Most of the provisions will be implemented about one year later.
How will this work in practice?
The new regulation provides for the voluntary return of people and requires cooperation with the authorities.
If the person does not cooperate or is deemed to pose a risk of absconding, restrictive measures may be imposed, such as regular reporting to the authorities or mandatory residence in a specific place.
As a “last resort,” detention may be imposed for a maximum of 24 months, with a possible 5-month extension, until their return is arranged.
But where will these people be returned to?
There is a strong possibility that the country they come from, or the last country they were in before entering the EU, will not accept them back.
For this reason, part of the Regulation gives member states the right to make agreements with third countries and create “return hubs” — detention facilities where people who do not have the right to remain in the EU will be returned.
There, the framework does not provide for a clear maximum length of stay.
Sources
Οpengov
European Commission
European Parliament
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