We’ve signed a joint statement with several other NGOs to urge the Greek Government to withdraw the new draft law on returns.
The draft law poses a serious threat to the rights of people on the move in Greece. It introduces significant restrictions on fundamental rights, criminalises people on the move, seeks to increase returns without guarantees, and doesn’t include any provision for integration and regularization of status of people on the move.
Read the full statement below:
On the 17th of July, the Greek Ministry of Migration and Asylum announced a draft law on the “Reform of the framework and procedures for the return of third-country nationals – Other provisions of the Ministry of Migration and Asylum”. The draft law will be voted on in the Hellenic Parliament in August, with a reduced composition of one-third of its members, raising concerns about the lack of democratic scrutiny. This is particularly concerning since Article 72, paragraph 1 of the Constitution, states that the exercise of individual rights must be discussed by the full composition of the Parliament.
This draft law substantially restricts and further circumvents a number of minimum conditions and guarantees of the Returns Directive (2008/115/EC) that are already inadequately addressed in the current Greek legislation, thereby exacerbating the existing shortcomings1 and violating the principle of legality. The draft law invokes the guidelines of the proposal for a new Returns Regulation [COM(2025) 101 final] as the legal basis while this regulation does not constitute a binding text of secondary EU law. It only demonstrates the political intention of the Commission and it has not yet been adopted by the European Parliament and the Council in accordance with the legislative procedure (Articles 289-294 TFEU). Therefore, any attempt to transpose these ‘guidelines’ into national law circumvents Directive (2008/115/EC), and creates a contradictory regulatory environment that undermines legal certainty and EU law.
Moreover, the draft includes elements from the EU Pact on Migration and Asylum, which are still in the implementation phase and will become applicable only after transposition into national law by June 2026, further violating the principle of legal certainty.
In terms of substantive restrictive changes, the draft law criminalises and further reduces rights guarantees for undocumented people on the move. Of particular concern, the draft law:
- Reduces the period of voluntary departure. Until now the time limit has been between 7 and 25 days, and the draft law aims to reduce this period from 7 to a maximum of 14 days;
- Introduces electronic monitoring on people on the move during the period of voluntary departure to prevent the risk of absconding, raising significant privacy concerns.
- Aims to increase the maximum detention limit in pre-removal detention centres, from the current provision of 18 months to 24 months;
- In cases of the suspension of a removal order, the original provision obliges the individual to appear regularly before the authorities, deposit an appropriate financial guarantee and deposit documents or the obligation to stay in a certain place. With the new provision, an individual can be subjected to electronic monitoring and if they violate their obligations during this period of suspension, they shall be punished with 2 years imprisonment and a fine of 10,000 euros;
- Any effort by individuals who are in the list of “undesirable aliens” to re-enter the country will be punished with up to 3 years imprisonment and a fine of at least 10,000 euros. In this time the exercise of legal remedies for accused individuals will no longer have a suspensive effect. This is another restrictive move from the current provision of 3 months imprisonment and the option of suspension during legal recourse;
- Another change regards a historic legislative move to criminalise people that remain in Greek territory without legal documentation. Currently, third-country nationals who enter or exit the country irregularly face penalties of 3 months’ imprisonment and a €1,500 fine. However, the new draft law expands these penalties. It increases the prison sentence for irregular entry or exit and introduces new penalties for those who remain in the country without valid documentation. Entering, in combination with exiting or remaining in Greek territory will amount to a minimum sentence of two years’ imprisonment and a fine of at least €5,000.
- This sentence will be inconvertible and will not be suspended.The court can only order the suspension of the execution of the sentence, on the condition that the convicted person will voluntarily depart immediately from the country. Under the same condition, the execution of the remainder of the sentence, which has already begun, may be suspended by a decision of the court that imposed the sentence, following a request from the prosecutor or the convicted individual. The period of suspension begins from their departure from Greece.
- If this new provision passes, any undocumented person on the move in Greek territory will be under flagrante delicto procedure and imprisoned, with the only prospect of release being deportation. This is particularly concerning as thousands of people on the move who have lived and worked in Greece for many years but have lost their legal status due to various circumstances are at risk of imprisonment.
- The new draft law also abolishes the issuance of residence permits for exceptional reasons. People on the move who have stayed for seven years in Greece will no longer be able to access regularisation procedures and an application for international protection will be the exclusive ground for legal stay of people on the move in Greece. This also risks violating persons’ established family and private lives, including disrupting employment relationships, which may carry adverse consequences for employers and the labour market.
- The new draft law also proposes the use of artificial intelligence in the interpretation services for the asylum interview. When AI is used to record and automatically transcribe the interview, the preparation of a formal report and transcript will no longer be required. This is particularly concerning, as it disregards the importance of cultural mediation since trained interpreters play a crucial role in overcoming cultural and linguistic barriers and ensuring fair, accurate asylum procedures. Additionally, the use of AI interpretation services in handling sensitive personal data raises serious concerns about data protection and privacy.
- Finally, the draft aims to increase the legal fee to submit a second subsequent asylum application. The fee expands from 100 euro to 300 euro per application creating an additional financial barrier for people on the move.
The Court of Justice of the EU (CJEU) has underscored the Returns Directive’s exclusivity as the framework for removal, following the applicable administrative procedures, in several landmark rulings.2 It has ruled that member states cannot criminalize illegal stay prior to the completion of the procedures specified in the Directive. Through the provision of suspending the execution of the sentence only under the condition of ‘voluntary departure,’ the new draft law employs the criminal process as a means of pressure that circumvents the intended administrative escalation. In this context, departure will not be ‘voluntary’ as defined by the Directive, but rather stems from a coercive dilemma: ‘leave or face imprisonment.’ The shift towards crimmigration by the Greek government exposes people on the move to criminal proceedings which deny them the rights to administrative return procedures. Therefore, the new draft law does not aim to establish a common, fair, and effective return policy, but rather to facilitate the removal of undocumented individuals by any means.
This draft law does not represent a mere ‘reform’ of Directive 2008/115/EC; it amounts to a de facto annulment of the Directive and constitutes a clear contra legem legislative initiative, diverging significantly from both the letter and the spirit of EU and international law. Marked by a disproportionate criminalization of matters that are administrative in nature, it undermines fundamental rights and the principles of the rule of law.
The undersigned organisations urge Greek Members of Parliament to raise the concerns outlined above in the Greek Parliament and to exert pressure on the Greek government to withdraw the proposed draft law. This law introduces significant restrictions on fundamental rights, criminalises undocumented people on the move, seeks to increase returns without guarantees and does not include any provision for integration and regularization of status of people on the move.
Signatories:
I Have Rights.
Fenix Humanitarian Legal Aid
Refugee Legal Support (RLS)
Human Rights Legal Project
Equal Legal Aid (ELA)
Mobile Info Team
Avocats Sans Frontières France
