In February the 15th 2017, Decision No. 447/2017 issued by the 4th Chamber of the Council of State was published, following the Petition of GCR for Annulment of regulatory administrative acts that were implementing the summer amendment introduced by the Deputy Minister for Migration Policy, regarding the participation of two active judicial officers in secondary asylum committees, which have replaced the already existing refugee committees foreseen in the Presidential Decree no.114/2010.

The Greek Council for Refugees participated in this important trial, as per its constitutional objectives and in response to the request made by organizations that protect the rights of the refugees. The participation of the same judges in administrative bodies that adjudicate on matters of international protection, as well as (their participation) in judicial bodies that will subsequently adjudicate on the legality of individual administrative acts rejecting asylum applications, raises major issues of constitutional order as well as of conformance to Community law. Article 86 par.3 of Law 4399/2016,is not establishing a court or tribunal, comprising of exclusive “asylum judges” assigned to examine asylum requests on a secondary level, based on the example of other European countries. In order to eliminate any possible “conflict of interest” regarding the involved judges, a relevant constitutional ban is already in place. The requirement for an independent court or tribunal that will safeguard the fundamental right of any refugee “to an effective remedy” presupposes that the judiciary body will be protected from external interventions or pressures that could threaten the independent judgment of its members. This requirement should be viewed in the light of the whole administrative and judicial machinery of each Member State. The legalization of the involvement of the same judges in two independent state functions (executive and judicial) in the Greek legal framework, constitutes a legal peculiarity and distorts the concept of “independent court” as per the European Asylum Procedures Directive. The decision that was issued refers the matter in question to the Plenary of the Supreme Administrative Court of Greece, in order to reach a final decision.