Implementation of the EU Pact on Migration and Asylum – Expanded Restrictions and Lack of Safeguards
The implementation of the new Pact on Migration and Asylum continues to be marked by serious shortcomings in procedural safeguards, the expanded use of the border procedure and restrictions on freedom of movement, while access to asylum remains a persistent concern. Among other issues:
- Delays continue to be reported in screening procedures, resulting in prolonged stays under conditions of de facto detention in reception centres.
- The registry for the provision of free legal counselling is not yet operational, due to the Ministry’s insistence on providing additional remuneration to lawyers where a third-country national who has received legal counselling voluntarily returns to their country of origin. Its negative opinion has been once again issued by the Plenary of the Greek Bar Associations
- The Joint Ministerial Decision required under national legislation on the age-assessment procedure has not yet been issued. As a result, the previous Joint Ministerial Decision continues to apply, despite not being aligned with the safeguards provided for under the Pact and posing risks to unaccompanied minors.
- Applicants subject to the border procedure face extensive restrictions on their freedom of movement, which in some cases amount to detention measures. These include, for example, a prohibition on leaving the Fylakio Reception and Identification Centre based on verbal instructions; permission to leave for approximately three hours per day at the Kos Closed Controlled Access Centre and the Diavata Reception and Identification Centre; and permission to leave for approximately six hours at the Lesvos Closed Controlled Access Centre and the Malakasa Reception and Identification Centre.
- The platform for accessing the asylum procedure remains non-operational. As a result, people who are not identified by the authorities upon arrival are unable to lodge an asylum application. Asylum seekers, including families with children, who presented themselves at the Malakasa Reception and Identification Centre to seek asylum were arrested by the police and criminal proceedings were initiated against them for “illegal stay”.
Committee of Ministers of the Council of Europe: Measures Taken by the Greek Authorities to Address the Systematic Practice of Pushbacks Remain Insufficient
On 16 September 2026, the Committee of Ministers of the Council of Europe examined the execution of the judgment of the European Court of Human Rights (ECtHR) in the case of A.R.E. v. Greece, concerning the informal forced return (pushback) of an asylum seeker to Türkiye. The Greek Council for Refugees (GCR) supported the case before the ECtHR in June 2024. In January 2025, the Court delivered its landmark judgment in A.R.E. v. Greece, in which, for the first time, it recognised the existence of a systematic practice of pushbacks by the Greek authorities.
The Committee of Ministers found that the measures taken by the Greek authorities following the judgment "do not yet appear sufficient to comprehensively address the ‘systematic practice of pushbacks’ found by the Court ”. It also noted theserious concerns [that] “continue to be raised [regarding pushbacks] by a large number of different sources”.
Furthermore, during the same meeting, the Committee of Ministers continued its supervision of groups of cases concerning reception conditions for asylum seekers, access to an effective remedy, and the detention conditions of asylum seekers and migrants.
Among other things, the Committee of Ministers called on the authorities to step up their efforts to improve reception conditions, provide information on the practical impact of legislation implementing the Pact as regards reception conditions, and submit statistical data on the application of the new remedy concerning reception conditions. The Committee also called on the authorities to take general measures to improve detention conditions and provide updated information on detention in police stations and its duration. It should be recalled that detention and reception conditions have remained under the supervision of the Committee of Ministers for more than 15 years, since 2011, without the Greek authorities having demonstrated the level of compliance required for supervision of the execution of the relevant judgments to be closed.
- Full decision of the Committee of Ministers
- GCR’s submission to the Committee of Ministers on reception/detention conditions and the joint GCR/AIRE Centre submission on the remedy concerning reception conditions. the ΑΙRE . .
2nd Roundtable for Administrative Judges: “The EU Pact on Migration and Asylum through the Lens of Judicial Protection of Vulnerable People on the Move”
For the second consecutive year, the Greek Council for Refugees and the Association of Administrative Judges, with the support of the Heinrich Böll Foundation – Thessaloniki Office, Greece, co-organised a two-day roundtable for judges in Athens, focusing on the protection of vulnerable people on the move. The two-day meeting, entitled "The EU Pact on Migration and Asylum through the Lens of Judicial Protection of Vulnerable People on the Move", provided a forum for knowledge exchange and meaningful dialogue on the changes introduced by the new European framework and the challenges arising for the protection of fundamental rights. Particular emphasis was placed on protection safeguards for vulnerable persons, border procedures, detention and returns, reception and identification, as well as issues expected to arise during the implementation of the new framework.
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Greek Ombudsman: Temporary Accommodation Facilities in Crete Deemed Unsuitable – Need for a Facility Meeting Standards of Dignified Accommodation
Following inspections of the detention and temporary accommodation facilities in Agia, Chania, and at the port of Heraklion on 22 and 23 July 2026, the Greek Ombudsman highlighted the need to establish permanent facilities offering dignified conditions for foreign nationals arriving irregularly in Crete. The abandoned warehouses in Chania and former offices in Heraklion, which were made available on an emergency and temporary basis, are unsuitable facilities that further exacerbate the situation, the Ombudsman stressed. The inadequate infrastructure creates problems both for the people accommodated there and for the services responsible for managing what have now become sustained large-scale arrivals on the shores of Crete.
Protests Continue over the Operation of the Detention Centre in Sintiki, Serres
Protests continue over the ongoing operation of the so-called “Special Detention Facility” in Sintiki, Serres, both by detainees themselves and by representative bodies of police officers.According to a report by Agence France-Presse, conditions are so desperate that some detainees are contemplating suicide. It should be recalled that, following an inspection of the facility, the Greek Ombudsman stressed in its annual report "that “the Sintiki Facility and the Special Detention Facility cannot be considered suitable facilities for accommodation, at least not beyond a few days. The Ombudsman once again called for the immediate consideration of transferring residents and detainees to other facilities”.
NGO Registry Provisions and February 2026 Amendments Paving the Way for the Criminalisation of Humanitarian Action under Scrutiny
The Plenary Session of the Council of State, Greece’s Supreme Administrative Court, found key provisions of the Ministerial Decision governing the operation of the Ministry of Migration and Asylum’s NGO Registry to be unconstitutional. At the same time, it referred preliminary questions to the Court of Justice of the European Union concerning the compatibility of provisions of Greek law with freedom of association and the protection of personal data.
At the same time, the Council of Europe’s Venice Commission in an urgent opinion issued on 28 September, stressed that certain registration requirements go beyond what is necessary in a democratic society. It also expressed concerns regarding the imposition of stricter criminal penalties linked to participation in NGOs and recommended explicit exemptions from criminal liability for the provision of humanitarian assistance, including life-saving assistance and basic care.
