Greece introduces free legal guidance for asylum seekers

Greece has introduced a unified framework for providing free legal guidance to asylum seekers, a move designed to standardize and clarify the process. A joint ministerial decision by the Ministries of National Economy and Finance, Justice, and Immigration and Asylum outlines the procedures for this service, establishes a registry of lawyers, and details participation terms and their fee structure.

This initiative is part of Greece's updated asylum legislation. The legal guidance will be offered free of charge upon request, after the initial screening or submission of an asylum application and before the first-instance examination. It will not be provided for subsequent applications or if the applicant is already represented by a lawyer. The guidance focuses on informing applicants about the asylum process, their rights and obligations, procedural guarantees, deadlines, available legal remedies, and the process for determining the responsible member state.

Crucially, the guidance does not include interview preparation, document drafting, or personalized legal advice. Lawyers involved will not have access to the applicant's administrative file nor will they act on behalf of the applicant. A specific provision addresses applicants from countries with a recognition rate of less than 20% for international protection. These individuals will receive information regarding the consequences of illegal entry and stay, as well as the possibility of participating in voluntary return and reintegration programs.

The service will be provided by lawyers registered in a special registry maintained by the Athens Bar Association, overseen by the Plenary Session of the Presidents of the Bar Associations of Greece. To be eligible, lawyers must have practiced for at least three years, have no serious disciplinary sanctions, and complete a specialized training program. Sessions will typically be conducted remotely, with interpreters, in groups of up to 15 people, though this number can increase to 50 in cases of mass arrivals. Individual sessions are possible for detained individuals.

Lawyers will receive a base fee of 160 euros plus VAT per session. An additional fee of 250 euros plus VAT is available for applicants from border procedures who do not have a strong asylum profile, provided they successfully complete a voluntary departure process within the stipulated timeframe. This additional payment is contingent on the completion of the return process, not merely the submission of an application. The decision also establishes a conflict of interest rule: lawyers providing free legal guidance cannot subsequently represent the same applicant privately in administrative or judicial proceedings, except in specific, outlined circumstances.