M.S.S. v. BELGIUM AND GREECE JUDGMENT
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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