Was filed in Parliament the new bill of Ministry of Immigration and Asylum entitled: “Reformation of a framework and procedures” The draft law reinforces the country’s institutional arsenal against illegal immigration and adapts Greek legislation to the provisions of Directive 2008/115/EC EU.
The bill introduces renewed rules and procedures for the return of foreigners who are illegally residing in the country, on the basis of the directions set by the proposal of the new European Returns Regulation.
Its purpose is to fill in the implementation of the previous framework, with emphasis on effective return management, preventing abuse of asylum procedures and enhancing legal order.
The key points of the bill:
Updating definitions according to the guidelines of the new regulation
– Expanding the concept of a return country. Added as returning countries: (a) the country of habitual residence, (b) the safe third country, as defined in Article 91 of Law 4939/2022 (A ‘111), by which the application for international protection was rejected as inadmissible and (c) the first country asylum by which the application for international protection was rejected as unacceptable.
– Add the risk of escaping risk in a stricter direction. They are added as objective criteria that are a risk of escape (a) the non -residential or well -known residence, (b) the unprecedented information of the competent authorities abandonment or change of place of residence or well -known residence, and (c) refusing to identify with biometrics or other means.
Voluntary departure
-Reduce projected deadlines for voluntary departure (25 days -> 14 days), as well as for the extension of voluntary departure for exceptional reasons (120 days -> 60 days).
– Imposition of electronic surveillance as a restrictive measure within the deadline of voluntary departure.
Prohibition of entry into the country
– Framework tightening, in accordance with the guidelines of the Regulation. The risk of a third -country country for public order and security, national security and public health is foreseen as a mandatory reason for prohibiting entry.
– The duration of a prohibition of entry (5 years in 10 years) extends and the possibility of extending it up to 5 years is introduced.
Criminalizing illegal residence in the country after completing the administrative procedure
– Imprisonment of at least three years, a fine of 10,000 euros, inappropriate converting or suspension of sentence.
– Possibility of suspending a penalty on the condition of a third -country citizen’s declaration of a voluntary departure from Greece. Suspension starts with departure from the country.
– The choices of anyone who remains illegally in the country will be two: either prison, or return.
Reservation
– Extension of reservation reasons and security issues. Explicit provision for irreversible detention in the event of objections, extension of detention duration, including foreseen extensions, in accordance with the guidelines of the Regulation from 18 months to 24 and review of the assistance of detention conditions every six months.
– Increasing the fine of those who return to the country illegally, from 3,000 to 10,000 euros to 10,000 to 30,000 euros.
– Increasing penalty for those who enter the country illegally, from 3 months to at least 2 years, and in the case of aggravating cases from 6 months to at least 3 years.
– Increase in the fine of 1,500 to 5,000 euros, and in the case of aggravating cases, from € 3,000 to 10,000 euros.
– Limited the possibility of subsequent international protection applications.
– Abolition of a residence permit for those who have been living in the country for 7 years.
The bill is an important step in creating disincentives for illegal entry or stay in the country. It aims to effectively address illegal immigration, ensuring legal order, social cohesion and national security.