Documentation Database: Questionnaires: Family Reunification Directive 2003/86/EC
Greece
Subject Comparative study on the implementation of the Family Reunification Directive 2003/86/EC in (25) Member States
Data from other countries Go to Questionnaire (with links to the answers of all other countries)
This Form Data by Greece (25/04/2006)
Section Question Answer
A. General
A.1 top Q: Has the Directive been implemented in your country? If so, please add the references and the texts of relevant legislative and administrative measures and the dates they entered into force.
answer Greece A: The Directive was implemented partially through Presidential Decree (PD) 131/2006 which entered into force on July 13, 2006. The PD does not cover Chapter V (articles 9-12) of the Directive on Family Reunification of Refugees. These articles are covered by:
  • Chapter 12 (articles 66-71) of a Draft Presidential Decree entitled 'Reception Conditions of Seekers of International Protection, Examination Process of their Application, Conditions of Recognition, Withdrawal of Refugee Status, Rights and Obligations and Family Reunification of Refugees', which has yet to come in force and which combines harmonization of national law with both Directive 2003/9/EC on Minimum Reception Conditions for Asylum Seekers (L31/6-2-2003) and Chapter V of the Family Reunification Directive 2003/86/EC.
Furthermore, PD 131 is accompanied by an interpretive Internal Memorandum No. 33 (protocol no. 17684/2006) issued by the Ministry of Interior (General Directorate of Administrative Support, Directorate of Aliens and Immigration) on September 8, 2006, which complements PD 131 (which is already a very thorough document, going into administrative details not required by the Directive) and which contradicts in at least one occasion PD 131 art. 5.4.d (on documents accompanying the family reunification application and notably tax statements) and even Directive (art 14 b) as transposed into national law by PD 131 art 10.1 b (on equal rights of family members to the work market with those of the sponsor).
Both PD 131 and Memorandum 33 refer to Law 3386/2005 on 'Entry, Residence and Social Integration of Third Country Citizens in the Greek Territory', mainly on entry, residence and documentation requirements.
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A.2 top Q: Has there been a political or public debate on the implementation of the Directive? If so, please summarize the main issues of the debate.
answer Greece A: There have only been a few public debates organized by NGOs, notably, the January 15 2005 Athens conference organized by the Greek Association for Human Rights and the Center for Research on Minority Groups, as part of the European Migration Dialogue-EMD. The items on the agenda were 'Transposition of EU Directives on Family Reunification and the Status of Long Term Residents of Immigrants' and 'Policies and Measures for Participation of Immigrants in the Public Life'. The proposals that followed the conference focused on the transposition in Greek law of the two aforementioned Directives, asking that such transposition:
  • should not lead to narrowed down interpretations, to the detriment of family life and family unit and to the rights of children, since similar discounted interpretations in conflict with the European Convention on Human Rights have already been struck down by the ECJ
    and
  • should resolve problems of immigration legislation and policies with a generous and far-sighted intervention avoiding the creation of an inflexible and counter-productive bureaucracy.
A full text of the recommendations (in the Greek language) can be found at:
http://www.hlhr.gr/hlhr-kemo/emd/emd.htm
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A.3 top Q: What have been the main changes in the national law or practice due to the Directive. Please indicate for each change whether it improved or deteriorated the legal status of third country nationals and their family members? Did it make the national rules more strict or more liberal?
answer Greece A: Law 3386/2005 (articles 53-60) regulated procedural aspects on the family reunification of third country citizens, without fully adopting the provisions of the Directive.
PD 131, as a more recent and more specific regulatory legislation in harmonization of EU legislation, overrides any prior, general or specific, contradictory to its subject matter legislative provision.
PD 131 basically contains a direct copy of articles 53-60 of Law 3386/2005 (and in certain respects is more strict and inflexible, since PD art. 5.4 b mentions a minimum yearly income of 8500 euro, which opens the PD to future amendments according to the market realities of the future, as mentioned also by the Internal Memorandum 33) with a great deal of additional administrative details regarding required documents, photographs and deadlines. From the point of view of administrative details the PD makes the national rules more transparent and orderly and is neither more strict nor more liberal. However, the adoption of almost all Directive options by the PD, in many respects making use of optional provisions to the benefit of the subjects covered by the Directive (family members), makes the PD a very beneficial piece of legislation since it applies concrete rules in areas never before legislated upon.
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A.4 top Q: Are there already judgments of national courts applying or interpreting the Directive? If so on which issues?
answer Greece A: There are no such judgments yet.
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A.5 top Q: Did the judgment of the Court of Justice of 27 June 2006 in the case Parliament v. Council (C-540/03) already have any effect on the implementation of the Directive, the national practice or case-law or the legal literature? If so, please specify the effects.
answer Greece A: No.
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B. Questions on specific provisions
B.1 top Q: Article 3(1):
How is the clause: who has reasonable prospects of obtaining the right of permanent residence
implemented in the national law?
answer Greece A: According to Memorandum 33, the possibility of permanent residence in this case refers to the potential of subsequent renewals of the sponsor's residence permit, provided that the necessary requirements are fulfilled, without any time constraints or a limitation on the number of renewals. Permanency of residence in this context does not refer to whether the sponsor is entitled to or desires to receive the status of long-term or indefinite period resident.
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B.2 top Q: Article 3(3):
Will a third country national also having the nationality of your country be able to rely on the Directive?
answer Greece A: No. PD article 2.1 refers to third country citizens as natural persons who do not have either the Greek nationality or the nationality of another Member State of the European Union.
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B.3 top Q: Article 3(3):
Are nationals of your country and their third country national family members entitled to the same treatment, to a more privileged treatment or to less favourable treatment as provided in the Directive? Please specify the differences.
answer Greece A: Nationals of Greece and third country nationals who are family members of a Greek national are definitely entitled to more rights than those provided for in the Directive for reunified family members of third country nationals (see articles 61-64 of Act 3386/2005).

The Residence Document received by third country nationals who are family members of a Greek national is of a five year duration and renewable, as opposed to the yearly Residence Document of third country national's family members (which is to coincide with the duration of the third country national's or sponsor's Residence Document) or of one year duration (in case of a long-term resident) according to PD art. 8.1.
The requirement of a minimum prior two year residence in Greece by the third country sponsor (PD art 5.1) does not apply in the case of a Greek national's third country family members.
There is a provision for direct ascending line relatives of a Greek national's third country family members in Law 3386/2005 (art. 61.2.c) which does not exist in PD 131. The 9-month (plus a possible additional 3 months) possible waiting period for completion of the family reunification process (starting with the sponsor's application and ending with the issuance of a Residence Permit to family members) for the family of a third country national, as per PD 131 art 7.4, does not apply in the Greek national's third country family members. Finally, there are no territorial limitations in the issuance of employment permits of a Greek national's third country family members (actually, they can be absent from the territory for up to 6 months yearly, according to art. 64.1 of Law 3386/2005) whereas PD 131 art. 10.1 as interpreted by Memorandum 33 imposes on the sponsor's third country family members territorial limitations in the exercise of a profession, supposedly 'to ensure co-habitation of the family members' (which makes the instructions of this instrument contrary to the letter and the spirit of Directive art. 14) .

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B.4 top Q: Article 4(1):
Has the right to family reunification of spouses and minor children been codified in national law? If so, please mention the relevant provisions of national law.
answer Greece A: Art. 4.1 of the Directive on Family Members (which includes spouses and minor children) has been transposed into national law through art. 4.1 of PD 131. If the word 'codified' is meant to signify inclusion of the Directive's provision in a national code (such as the Civil Code), such codification has not taken place.
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B.5 top Q: Article 4(1) and 4(6): (children over 12 or 15 years)
Does the national law of your country provide special rules concerning the admission of children aged over 12 or 15 years?
answer Greece A: No such provisions exist in the national law.
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B.6 top Q: If children over 15 are prevented from applying for family reunification under what conditions are they entitled to reside considering the obligation for Member States second sentence of Article 4(6)?
answer Greece A: There is no such provision preventing applications for family reunification with children over 15 years old.
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B.7 top Q: Is your country barred from using the exceptions in Article 4(1) last sentence and Article 4(6) by the standstill-clauses in those two provisions?
answer Greece A: Those two derogations do not appear in PD 131 (no information on whether Greece is 'barred' from using those derogation clauses).
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B.8 top Q: Article 4(3) (unmarried partners)
Has the provision on the admission of unmarried partners been implemented in national law? If so, under what conditions do they have a right to family reunification?
answer Greece A: Art. 4.3 of the Directive has not been introduced into national law by PD 131. However, admission of unmarried partners appears in art. 23.1 of the Draft PD Chapter V on Family Reunification of Refugees. Draft PD art. 26.d mentions that any relationship must be established 'through official documents or other evidence to be assessed according to current legislation', without specifying the type of evidence to be taken into consideration (as it is done by Directive art. 5.2). Therefore when the Draft PD comes to force, in order to apply among others to unmarried partners, this provision will almost certainly require clarifications through an accompanying Internal Memorandum.
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B.9 top Q: Article 4(5) (minimum age spouse)
Does the national law require a minimum age for the admission of spouses that is higher than 18 years? If so what is the minimum age?
answer Greece A: Art. 4.1. a of PD 131 requires that a spouse be at least 18 years old. There is no upper age limit.
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B.10 top Q: Article 5(2) (documents and fees)
What kind of documentary evidence has to be presented with a family reunification application?
answer Greece A: PD 131 art 5 describes in detail the documentary evidence to be submitted by the sponsor in support of a family reunification application.

The sponsor's application must be accompanied by certified copies of his valid passport and residence permit (indicating that the permit is valid for at least one year and that the sponsor has already been living in Greece for at least two years), a recent certificate proving the sponsor's family ties with the third country citizens, proof (by way of a lease or deed of sale) that the sponsor can provide lodgings suitable to cover his needs and the needs of his family members, tax statements of the previous year (which, as mentioned above, is in contradiction with Internal Memorandum 33 which requires tax statements of the two previous years) or other official document indicating a personal yearly income exceeding 8500 euro (which according to PD 131 art. 5.1.b is the yearly income of an unskilled worker) by 20% for the spouse and by 15% for each child (this 15% is not necessary if both third country spouses have been legally residing in Greece). Furthermore, the sponsor must provide proof of health and pharmaceutical care coverage, by way of an attestation from the insurance fund by which the sponsor is covered, for himself and members of his family.

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B.11 top Q: Does the applicant have to pay any fees and, if so, what is the (total) amount of those fees?
answer Greece A: The required fees for a residence permit application submitted by the family members are 150 euro for a one-year permit (to be paid for each subsequent renewal).
Minor children up to the age of 14 do not have to pay such fees (art. 56.2 Law 3386/2005).
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B.12 top Q: Article 5(3) (place of application)
May an application be submitted when the family members are already residing in the Member State?
answer Greece A: PD 131 art. 5.1 stipulates that an application is received only when the family members reside outside Greece.
Internal Memorandum 33 states that in case of marriages between third country nationals who reside legally in Greece (regardless of whether the marriage has taken place in Greece or abroad), as well as for their children born in Greece, a resident permit is granted by way of derogation without prior requirements of an entry visa or the mandatory two year period of prior legal residence in Greece.
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B.13 top Q: Article 5(4) (length of the procedure)
Is there any time limit for the decision on the application by the administration?
answer Greece A: PD 131 art. 7.4 stipulates that the whole process of family reunification should be completed within nine months from the submission of the sponsor's application (complete, with all the accompanying documents). In case of exceptional circumstances this time period may be extended by an additional delay of up to three months.
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B.14 top Q: Article 5(5) (interest of the child)
How is the provision that Member States 'shall have due regard to the best interests of minor children' implemented in national law?
answer Greece A: In art. 6.2 of PD 131 there is a provision stipulating that during examination of the sponsor's application due regard will be accorded to the best interests of minor children.
According to Internal Memorandum 33, in case of reunification with a minor child who is in the country of origin without the supervision of the other parent the application is examined by priority. In order to avoid a problematic situation with applications concerning minors who will attain the age of majority in a short period, applications in such cases must be submitted at least nine months before that date. Furthermore, in such cases, where an application is approved and the permission for entry is granted but the child becomes an adult before issuance of the residence permit, the child is entitled to a personal (autonomous) residence permit.
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B.15 top Q: Article 6 (public policy exception)
How has the public policy and public security exception been implemented and defined in the national law?
answer Greece A: PD 131 art. 9.1.a provides for rejection, withdrawal or refusal to renew an application for a residence permit on grounds of public order and security.
For rejection on matters of public order and security, PD 131 art. 9.1.c refers to the grounds covered by art. 8.2 of Law 3386/2005 (and Internal Memorandum 33 to the grounds covered by art. 10.b of Law 3386/2005) and stipulates that, in assessing potential danger to public order and security, the seriousness of any prior offences and the potential danger posed to the Greek society by the member of the family in question should be considered.
PD 131 art. 6.2 outlines the process following submission of the application by the sponsor for obtainment of an entry permit for family reunification, which involves the local police authority's opinion on the sponsor, regarding matters of public order and security, as well as the opinion of the Greek consular authorities regarding the existence of family ties. Both opinions, which are not binding on the decision to be issued by Secretary General of the appropriate Directorate on Aliens and Immigration, must be in writing and duly motivated.
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B.16 top Q: What are the similarities and differences compared to the definitions of the same notions in the context of free movement of EU citizens?
answer Greece A: By comparison to the above considerations of public policy and security as applied to third country nationals and their families, the rules applied to EU citizens, violation of which would result in expulsion from the Greek territory, are more limited.
The rules on free movement of workers have been implemented into Greek law by PD 499/1987.
  • Art. 2 (1) of the above Decree contains the basic rule on the right to enter and reside for a certain period, which applies to EU citizens and, cf. art. 2 (3), members of their family. According to art. 3 (1) of the above Decree, a EU citizen is allowed to enter simply on production of a valid passport or a national identity card.
  • Art. 2 (1) of PD 499/1987 contains the basic rule on the right of EU citizens to enter and reside for up to 3 months.
  • Art 4 of the above Decree provides that the residence permit is valid throughout the territory and for at least five years from the date of issuance.
  • Art 7 of the above Decree provides that a worker pursuing an activity as an employed person where the activity is not expected to last for more than three months, has the right of residence without having a residence permit, issued to him. The rules on expulsion in Article 74 of the Greek Penal Code, Decree 4429/1964 also apply to EU citizens. Art. 11 and 12 of PD 499/1987 contain the rules concerning expulsion from the Greek territory on grounds of public policy, public security or public health.
  • Art. 11 (1) of PD 499/1987 provides that measures taken on grounds of public policy or of public security shall be based exclusively on the personal conduct of the individual concerned, and
  • art. 11 (2) that previous criminal convictions shall not in themselves constitute grounds for the taking of such measures.
A decision on expulsion is usually made by a court of law, but in some cases it can also be decided administratively. Appeals against administrative decisions on expulsion have suspensive effect .
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B.17 top Q: Article 7(1)(a) and (c)(income and housing)
How is the income requirement specified in the national law?
answer Greece A: see: B.10
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B.18 top Q: What is the level of net monthly income required (in euros)?
answer Greece A: This would be in the area of € 800-850 for a married couple (plus approximately € 120 for each additional child)
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B.19 top Q: Is there a housing requirement in force, and if so, what is the minimum surface of the accommodation (in square meters)?
answer Greece A: Yes (see B.10). PD 131 art. 5.2.a contains no requirement for minimum surface of the accommodation but it mentions that the accommodation should be suitable to cover the needs of the sponsor and those of his family members.
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B.20 top Q: Article 7(2) (integration measures)
Are family members required to comply with integration measures? If so, do they have to comply before or after admission and what are they actually required to do (follow a course, pass a test, etc.)
answer Greece A: There are no requirements to comply with integration measures for this category of applicants. However, for applicants of a long-term resident permit (after 5 years of legal residence in Greece) there are requirements for sufficient knowledge of the Greek language, history and culture (art. 68 of Law 3386/2005) through attendance of special classes and successful participation in examinations.
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B.21 top Q: Are there any positive or negative sanctions (privileges, subsidies, fines, residence rights or other) attached to the integration measures?
answer Greece A: There are no such sanctions or motivating privileges.
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B.22 top Q: Does the national law distinguish between the concepts 'integration conditions' and 'integration measures' (compare Article 4(1) last indent and 7(2))?
answer Greece A: There are no provisions in PD 131 referring to art. 4.1 and 7.2 of the Directive.
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B.23 top Q: Article 8 (waiting period)
Is there any waiting period before the family reunification application can be filed?
answer Greece A: Art. 5.1 specifies that the sponsor must have resided legally in Greece for a period of two years prior to being able to apply for reunification of his/her family.
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B.24 top Q: Article 9(2) (privileges for refugees)
Which privileges granted by the Articles 10-12 are in the national law limited to family relationship that predate the entry of the refugees?
answer Greece A: There are no limitations on privileges for family relationship predating the entry of the sponsoring refugee, except the requirement of art. 66.1.a of the draft PD regarding parents, whereby these parents must have been cohabiting and supported by the sponsoring refugee prior to his entry to Greece.
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B.25 top Q: Do other protected persons than Convention refugees benefit from the provisions of Chapter V of this Directive?
answer Greece A: No
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B.26 top Q: Article 10(3) (family members of unaccompanied minors)
Are the parents, legal guardians or other family members of a refugee who is an unaccompanied minor, entitled to a residence permit under national law?
answer Greece A: Draft PD at. 67 stipulates that those entitled to a residence permit are first degree ascending relatives of the refugee, or legal guardians, or other family members, if a first degree ascending relative cannot be located.
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B.27 top Q: Article 11 (lack of documents)
Which rules on alternatives to official documents in case of lack of official documents proving the family relationship are provided for in the national law?
answer Greece A: Draft PD art. 68.1.c simply mentions that family ties must be established through official documents or other evidence to be assessed in accordance with national law. Art. 70.3 mentions that any decision to reject an application for family reunification cannot simply be based on the lack of official documents proving the ties between the refugee and members of his family. There are no specific rules on how alternatives to official documents will be assessed.
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B.28 top Q: Article 12 (exemption from requirements)
From which requirements for family reunification, mentioned in Article 7 or Article 8, are refugees or their family members explicitly exempted by national law?
answer Greece A: There is no requirement in the draft PD for a refugee's minimum residence duration in Greece, prior to being able to apply for family reunification.
However, this exemption of the Directive art. 12.2 is not explicitly mentioned in the draft PD. Furthermore, draft PD art. 68.d and 69.1.e are in direct violation of art. 12.1 of the Directive because, contrary to the derogation requirement of Directive art. 12.1, they call for evidence that the refugee fulfils the requirements set out in art. 7 of the Directive.
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B.29 top Q: Article 13(1) (visa facilitation)
How has the obligation to grant third country family members 'every facility for obtaining the required visas' been implemented in national law?
answer Greece A: There is no provision in the draft PD, PD 131, Law 3386/2005 or elsewhere regarding facilitation of family members to obtain requisite visas once an application for reunification is approved. On the contrary, draft PD art. 69.1.b requires as one of the conditions for entry to Greece that family members have official travel documents (if family members are also under persecution the procurement of such documents may not be possible).
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B.30 top Q: Article 14 (equal treatment)
How has the right of admitted family members to 'access to employment and self-employment in the same way as the sponsor' been implemented in national law?
answer Greece A: A very general mention of 'the family members' rights and obligations being the same as those of the refugee' is made in art. 69.3 of the draft PD.
PD 131 art. 10.1, however, corresponds exactly to Directive art. 14.1
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B.31 top Q: Did your country make use of the exception to that equal treatment allowed under Article 14(2) of the Directive?
answer Greece A: Yes. PD 131 art. 10.1.b stipulates that access to the labour market will be subject to the terms and conditions established by a joint Ministerial Decision, as defined in Law 3386/2005 art. 90. Furthermore, for the first 12 months of residence following family reunification, decisions are taken according to vacant work places by specialty as per art. 14 of Law 3386/2005.
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B.32 top Q: Article 15 (autonomous residence permit)
After how many years are spouses, unmarried partners and children entitled to an autonomous residence permit under national law? What other conditions are they required to fulfil in order to obtain such a permit?
answer Greece A: Art. 11.1.a of PD 131 (and art. 60 of Law 3386/2005) stipulates that after five years of residence family members are entitled to apply and receive autonomous residence permits, as long as they have not already received a residence permit for one of the other reasons under Law 3386/2005.
According to PD 131 art. 11.3, required documentation for the application includes a certified copy of a valid passport, previous residence permits due to family reunification proving a total of five years legal residence in Greece or birth certificate (in the case of reaching the age of majority) or death certificate (in case of death of the sponsor) or divorce or marriage annulment decisions, the new lease (in case of change of residence), photos, a fee.
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B.33 top Q: Under what conditions can an autonomous residence permit be obtained before the period of time normally required under national law?
answer Greece A: According to art. 11.b a child that reaches the age of majority is entitled to apply for an autonomous residence permit.
Furthermore, art. 11.2 describes other conditions under which a family member may apply for an autonomous residence permit: death of the sponsor (if family members have resided in Greece for at least one year prior to the sponsor's death) and in case of divorce or annulment of marriage or proven interruption of marital cohabitation if the following conditions are fulfilled: the marriage had lasted for at least three years prior to initiation of divorce proceedings, proceedings for annulment or proven interruption, out of which one year at least had been in Greece or if there are particularly harsh circumstances in the family such as one of the spouses being the victim of conjugal violence during the marriage.
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B.34 top Q: Article 16(1)(a) (resources)
Is the income of family members taken into account for the calculation of the sufficient resources at the time of the renewal of the permit?
answer Greece A: Yes. PD 131 art. 8.2 provides for the possibility, in case the sponsor has no longer sufficient resources (as per PD 131 art. 5 .2.b, mentioned above), to take into consideration the contributions of other family members to the total family income.
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B.35 top Q: Article 16(1)(b) (real family relationship)
Does the national law allow for refusal or withdrawal of a residence permit on the ground that the family member does no longer live in a real marital or family relationship? If so, which criteria have to be fulfilled under national law? Is the ground applicable to the relationship between parents and minor children?
answer Greece A: Yes. PD 131 art. 9.1.e and draft PD art. 70.1.a contain a provision about rejection, withdrawal or refusal to renew a permit when the sponsor and members of his family no longer conduct a real marital or family life. There are no interpreting provisions in Internal Memorandum 33 on how exactly this can be established, except the mention that authorities conduct personal interviews prior to granting the original permit and renewals thereafter, as well as in cases they receive an information that may justify withdrawal of the permit.
There is no specific mention of this provision applying to the relationship between parents and children, but this could be implied since both terms 'marital' and 'family' life are employed.
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B.36 top Q: Article 16(4) (marriage of convenience)
Does the national law contain provisions on fraud or on marriages or partnerships of conveniences? Is so are the definitions, checks and practices in conformity with Article 16(4)?
answer Greece A: PD 131 art. 9.1.g and draft PD art. 70.1.b provide for rejection of the application, withdrawal or non-renewal of a residence permit in case it becomes established that the family ties, especially the marriage or adoption or recognition of children, took place for the sole purpose of circumventing the provisions of the PD in order to gain access and residence to the Greek territory.
Art 9.2 of PD 131 provides for checks and inspections in conformity with art. 16.4 of the Directive.
According to Internal Memorandum 33 such an induction can be made by the authorities when there is no cohabitation of family members or there is no means of communication among them or one spouse ignores subjects related to the personal situation of the other spouse.
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B.37 top Q: Article 17 (relevant considerations)
How has this clause, requiring that certain specific elements are to be taken into consideration in the decision making on residence permits and removal orders, been implemented in the national law?
answer Greece A: PD 131 art. 9.3 stipulates that while evaluating the grounds of rejection, withdrawal or refusal to renew during a personal interview, special attention is given to the character and solidity of the family ties, the total period of residence in Greece and the existence or not of family, cultural and social ties with the country of origin - due the significant period of residence in Greece.
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B.38 top Q: Article 18 (judicial review)
Are the sponsor and his family members entitled to have a negative decision reviewed by a court or independent tribunal? If so, please specify the relevant provisions in the national law and the scope of the judicial review (full review, review on legality or marginal control only)?
answer Greece A: Art. 12.2 of PD 131 provides for a legal challenge of a sponsor and/or members of his family against a decision on rejection of an application for family reunification, according to art. 24 of Law 2690/1999 (A 45). PD 131 art 12.1 and draft PD art. 70.3 require that any such negative decision must be duly motivated, according to art. 17 of Law 2690/1999. In case of rejection of the application, withdrawal or non-renewal of the residence permit or expulsion measures, the provisions of art. 15.2 of Law 3068/2002 (A 274) apply, whereby there is an ultimate recourse before the Council of the State (the highest administrative tribunal in Greece)
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B.39 top Q: Article 18 (judicial review) (2)
Is (publicly funded) legal aid available for an appeal against a decision to refuse family reunification or to withdraw the residence permit of a family member?
answer Greece A: No. However, NGO's such as the Greek Council for Refugees with its legal department and certain lawyers designated by the Athens Bar offer their services free of charge for appeals launched by refugee applicants.
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C. Final questions
C.1 top Q: What are in your view the main strengths and weaknesses of the Directive?
answer Greece A: -
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C.2 top Q: Please add any other interesting information on the Directive or its implementation in your country that might be relevant for our study.
answer Greece A: -
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C.3 top Q: Please send us copies of the relevant laws and regulations, of any legal or other publications on the Directive or of judgments of national courts applying or interpreting the Directive, if possible in electronic form.
answer Greece A: No documents are annexed
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D. Table
D.1 top Q: This table refers only to mandatory provisions of the Directive.
Please choose for each article one of the four alternative labels:
  • correct transposition
  • no transposition
  • violation of the Directive
  • unclear
If you choose the label 'violation' or 'unclear', please add a footnote with a short explanation.
answer GreeceA:
Articles of the
Directive		Opinion about TranspositionExplanation
5(5)correct transposition PD 131 art. 4.1.a
10(3)(a)correct transposition draft PD art. 24
11correct transposition draft PD 25.d
13(1)no transposition/violation There is no provision in the draft PD, PD 131, Law 3386/2005 or elsewhere regarding facilitation of family members to obtain requisite visas once an application for reunification is approved. On the contrary, art. 26.b of the draft PD requires as one of the conditions for entry to Greece that family members have official travel documents (if family members are also under persecution the possession of such documents may not be possible).
14(1)correct transposition PD 131 art. 10.1
15correct transposition PD 131 art. 11
16(1)(b)correct transposition PD 131 art. 8.2
17correct transposition PD 131 art. 9.3
18correct transposition PD 131 art 12
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