M.S.S. v. BELGIUM AND GREECE JUDGMENT 18 11. It is essential that the right of judicial remedy within the meaning of Article 13 of the [Convention] be not only guaranteed in law but also granted in practice when a person alleges that the competent authorities have contravened or are likely to contravene a right guaranteed by the [Convention]. The right of effective remedy must be guaranteed to anyone wishing to challenge a refoulement or expulsion order. It must be capable of suspending enforcement of an expulsion order, at least where contravention of Articles 2 or 3 of the [Convention] is alleged.” III. RELEVANT LAW AND PRACTICE IN GREECE A. The reception conditions of asylum-seekers 1. Residence 88. The reception conditions of asylum-seekers in Greece are regulated primarily by Presidential Decree (“PD”) no. 220/2007 transposing the Reception Directive. The provisions of this text applicable to the present judgment may be summarised as follows. 89. The authority responsible for receiving and examining the asylum application issues an asylum applicant’s card free of charge immediately after the results of the fingerprint check become known and in any event no later than three days after the asylum application was lodged. This card, called the “pink card”, permits the applicant to remain in Greece throughout the period during which his or her application is being examined. The card is valid for six months and renewable until the final decision is pronounced (Article 5 § 1 of PD no. 220/2007). 90. Under Article 12 §§ 1 and 3 the competent authorities must take adequate steps to ensure that the material reception conditions are made available to asylum-seekers. They must be guaranteed a standard of living in keeping with their state of health and sufficient for their subsistence and to protect their fundamental rights. These measures may be subjected to the condition that the persons concerned are indigent. 91. An asylum-seeker with no home and no means of paying for accommodation will be housed in a reception centre or another place upon application to the competent authorities (Article 6 § 2). According to information provided by the Greek Ministry of Health and Social Solidarity, in 2009 there were 14 reception centres for asylum-seekers in different parts of the country, with a total capacity of 935 places; 6 of them were reserved for unaccompanied minors. 92. Asylum-seekers who wish to work are issued with temporary work permits, in conformity with the conditions laid down in PD no. 189/1998 (Article 10 § 1 of PD no. 220/2007). Article 4 (c) of PD no. 189/1998 requires the competent authorities to issue the permit after making sure the

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