Greece / Council of State / 689/2021

Minister for Migration and Asylum against the Appeals Authority (Ministry of Asylum and Migration)
Policy area
Asylum and migration
Deciding body type
National Court/Tribunal
Deciding body
Council of State
Typ
Decision
Decision date
03/03/2021
  • Greece / Council of State / 689/2021

    Key facts of the case: 

    The case concerns a petition for annulment submitted by the Minister for Migration and Asylum against a decision issued by the Appeals Authority (a body under the competence of the Migration and Asylum Ministry, which is responsible for examining, at second instance, quasi-judicial appeals against 1st degree decisions issued by the Asylum Service).

    The Minister requested the annulment of the Authority’s decision granting the request of an applicant for international protection to resume the asylum process concerning him. The process has been previously interrupted by decision of the local Asylum Office. The Minister requested the annulment of the decision as regards its part which reverted the case to the local Asylum Office, due to the fact that no personal interview was conducted. The Minister based his complaint on the domestic provision of art. 105 of Law 4636/2019 on international protection (which partly implements Directive 2013/32/EU). The provision expressly precludes the Appeals Authority from ever reverting a case back to the Asylum Office, even if it is to conduct a personal interview. Instead, the Authority must retain the case and conduct the interview if needed.

    The Council of the State took charge of the case through the “pilot” procedure, which allows it to adjudicate on matters of general importance and issue decisions which will serve as a guide on all similar future cases.
     

    Key legal question raised by the Court: 

    The key legal question raised concerned the interpretation of the relevant domestic legal framework in relation to article 46 of Directive 2013/32/EU (Procedures Directive). Specifically, the Court was called to decide on whether the procedure established by law 4636/2019, whereby the Appeals Authority must retain and examine the asylum claim, including conducting the personal interview, adequately implements the safeguards enshrined in the Directive with regards to the interview, and whether it is an effective remedy in this regard, in accordance with art. 46 of the Directive and 47 of the Charter.

     

    Outcome of the case: 

    The Court found that the domestic procedure does not contravene the relevant provisions of EU law as interpreted by the CJEU. Specifically, it stated that it is at the discretion of the Greek legislator to enact a provision with the above-mentioned content, as Greek law adequately fulfils the requirements and guarantees enshrined in the Directive as regards the personal interview of applicants for international protection, including privacy and confidentiality, interpretation, the possibility to have the interview conducted by a person of the same sex, etc. In addition, the law provides for the initial and continuous training of the Appeals Authority’s members, one of which is nominated by the UNHCR, so that they are fully capable to assess all relevant claims of the interviewee.

    In light of the above, the Court annulled the contested act, ordered the Appeals Authority to proceed with the full examination of the asylum claim and conduct a personal interview if necessary.