BackThe Greek Ombudsman, Andreas Pottakis, expressed his strong reaction denouncing the three-month suspension of access to asylum for newcomers from North Africa, as it is in direct violation of international and EU law, undermining fundamental principles of the rule of law.
In his letter of 10.07.2025 to the President of the Hellenic Parliament and the Government the Ombudsman welcomed the recent announcement of a first reception centre on Crete, viewing it as a positive step toward ensuring dignified treatment of newly arrived migrants. He emphasized that a permanent facility is far preferable to the prolonged use of temporary spaces like the exhibition centre in Chania or other makeshift locations currently being used across the island. The absence of official structures, he warned, can contribute to xenophobia and even racist violence.
However, the Ombudsman also reminded authorities of his previous findings regarding existing Closed Controlled Access Centres (CCACs), highlighting deficiencies in essential services, including medical care and support for vulnerable persons. He urged attention to the recommendations of the Council of Europe’s Committee for the Prevention of Torture (CPT), especially given the unknown duration of use of temporary facilities. He noted that migration flows from Libya to Crete have surged by 320% in the first half of 2025, according to official data. This should have prompted earlier administrative action to ensure operational readiness and adequate resources. The Ombudsman called for immediate reinforcement of police and coast guard forces, the swift transfer of migrants to appropriate facilities, proper registration procedures, and adequate support for vulnerable groups such as unaccompanied minors and families.
Addressing the legislative amendment providing for the three-month suspension of access to asylum for newcomers from North Africa, he noted that the Government justifies this as a response to an emergency situation, citing mass arrivals as an asymmetric threat that exceeds the capacity of the asylum system and poses risks to national and EU security. The Ombudsman expressed concern about the compatibility of this measure with international and EU law. He emphasized that the principle of non-refoulement—prohibiting the return of individuals to countries where they may face harm—is a fundamental legal obligation. While the European Court of Human Rights has allowed for certain exceptions in cases of mass entry, these are contingent on the availability of alternative legal pathways to seek asylum, such as through border posts or consular offices (ND and NΤ v. Spain, 13-2-2020 par. 212). Greece would need to demonstrate that such alternatives are genuinely accessible. He further noted that EU law, including the Charter of Fundamental Rights (art.18,19) and the Asylum Procedures Directive, guarantees both the right to seek asylum and access to fair procedures. The proposed Greek amendment, which bypasses registration and immediate assessment, risks violating these protections unless it is clearly temporary, proportionate, and accompanied by safeguards. The Ombudsman stressed that the rule of law requires strict adherence to international obligations, and that any emergency measures must be legally justified, limited in scope and duration, and implemented with full respect for human dignity and fundamental rights.
It is noted that under the EU New Pact on Migration and Asylum, the suspension of asylum applications is not permitted. Instead, it allows only for accelerated procedures and extended deadlines for registering and examining asylum claims, as outlined in Articles 10 and 11 of the relevant Regulation EU/2024/1359.
Therefore, the justification used in the proposed Greek amendment - claiming to protect the stability and security of the European Union - overlooks the fact that the EU itself, both under current and future legal frameworks for crisis situations, adopts different measures to safeguard its stability. While acknowledging the real pressure Greece faces at its borders due to mixed migration flows from North Africa - which indeed requires heightened vigilance, operational readiness, and administrative capacity - he warns that the immediate implementation of the proposed suspension risks serious deviations from international and EU law. It also threatens the broader principles of the rule of law, which distinguish the European Union’s legal culture from that of many other countries.
Source: The Greek Ombudsman
