The new draft law aims to address identified gaps in the implementation of the existing framework, prioritizing the need for effective return management, prevention of asylum procedure abuse, and strengthening of the rule of law
The Ministry of Migration and Asylum has put forward for public consultation a bill titled: “Reform of the framework and procedures for the return of third-country nationals,” which significantly strengthens the country’s institutional arsenal against illegal migration and updates Greek legislation in accordance with Directive 2008/115/EC.
It also establishes rules and procedures that apply to the return of illegally residing third-country nationals, implementing the guidelines of the proposal for the new European return regulation.
The new bill addresses identified gaps in the implementation of the existing framework, prioritizing the need for effective return management, prevention of asylum procedure abuse, and strengthening of the rule of law.
Ministry of Migration and Asylum: Key points of the bill on illegal migration
UPDATING DEFINITIONS ACCORDING TO THE NEW REGULATION GUIDELINES
– Expansion of the concept of country of return. Added as countries of return: a) the country of habitual residence, b) the safe third country, as defined in Article 91 of Law 4939/2022 (A’ 111), due to which the international protection application was rejected as inadmissible and c) the first country of asylum due to which the international protection application was rejected as inadmissible.
– Addition of risk of absconding definitions in a stricter direction. Added as objective criteria that constitute a risk of absconding a) the absence of residence or known accommodation, b) abandonment or change of place of residence or known accommodation without prior notification of the competent authorities and c) refusal to submit to identification by biometric or other means.
VOLUNTARY DEPARTURE
– Reduction of prescribed deadlines for voluntary departure (25 days -> 14 days), as well as for extension of voluntary departure deadline for exceptional reasons (120 days -> 60 days).
– Imposition of electronic monitoring as a restrictive measure during the voluntary departure period.
ENTRY BAN TO THE COUNTRY
– Tightening of framework, according to regulation guidelines. The risk posed by the presence of the third-country national to public order and security, national security and public health is provided as a mandatory reason for entry prohibition.
– Extension of the duration of entry ban period (5 years to 10 years) and introduction of possibility to extend it by up to 5 years.
CRIMINALIZATION OF ILLEGAL STAY IN THE COUNTRY AFTER COMPLETION OF ADMINISTRATIVE PROCEDURE
– Imprisonment of at least three years, monetary penalty of 10,000 euros, No possibility of conversion or suspension of sentence execution.
– Possibility of suspension of sentence execution under the condition of declaration by the convicted third-country national for voluntary departure from Greece. The suspension begins with departure from the country.
– The options for anyone remaining illegally in the country will be two: Prison, or return.
DETENTION
-Extension of detention grounds to include security matters. Explicit provision for non-suspension of detention in case of objections, extension of detention duration, including provided extensions, according to regulation guidelines from 18 months to 24 and review of detention conditions every six months.
-Increase in monetary penalty for those who return illegally to the country, from 3,000 to 10,000 euros to 10,000 to 30,000 euros.
– Increase in penalty limits for those who enter the country illegally, from 3 months to at least 2 years, in case of aggravating circumstances from 6 months to at least 3 years.
– Increase in monetary penalty from 1,500 to 5,000 euros, and in case of aggravating circumstances from 3,000 to 10,000 euros.
– Restriction of the possibility of subsequent international protection applications.
– Abolition of granting residence permits for those who have resided illegally in the country for 7 years.
The bill represents a significant step toward restoring balance between respect for human rights and safeguarding the rule of law, social cohesion and national security.
