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This second edition completes the work which started since last year by adding more up-to-date decisions. Included in this second edition are several decisions concerning children in vulnerable families and young adults who had entered the country as unaccompanied children.
First of all, the acceptance of applications for judicial relief (i.e. the exemption of applicants from paying State fees and related fees) and legal aid - appointment of a lawyer, notary and bailiff to carry out the necessary procedural actions, regarding unaccompanied minors.
In addition, at the level of temporary judicial protection, provided by the Administrative Courts to those whose request for international protection has been rejected in the Second Degree, not only is absolute acceptance is observed in cases involving unaccompanied children, but also in the majority of cases of those who have already reached the age of majority at the time of the hearing of their case.
In decisions concerning annulment applications, unfortunately, the vast majority is negative. In those of which, arguments regarding the procedural guarantees that must be followed when examining requests for international protection of unaccompanied children have been presented, they are rejected on the grounds that applicants who have reached the age of majority do not need special protection. However, even in this category of decisions there are exceptions that confirm the above rule: the decisions numbered 300/2020 and 51/2022 of the Three-member Administrative Court of First Instance, which accept the violation of relevant procedural guarantees and, especially, the unsubstantiated assessment of the best interests of the children. Finally, the recent decision numbered 613/2022 of the same Court, which partially accepts the legal claims made for unaccompanied minors.
This project is a collective effort by the lawyers of the Legal Service of ARSIS Association for the Social Support of Youth and was implemented in the framework of the advocacy program for unaccompanied children «Improving Living Conditions for Unaccompanied Minors (UAMs) and Defending Their Fundamental Rights» in collaboration and with the funding of the organizatiion «German Doctors e.V.».
We hope that this manual will be a useful guide - tool for those dealing with refugees and, in particular, with the vulnerable group of minors, accompanied and unaccompanied.
In the hope that children's rights will be applied - always - by all competent bodies in the light of the principle of the best interest.
This edition was edited by Mr. Kyrmanidis Kostas, Lawyer / Advocacy Officer ARSIS Association for the Social Support of Youth, while the translations were made by Ms. Salagianni Loukia, student of Law A.U.TH, volunteer at ARSIS Association for the Social Support of Youth.
Η έκδοση πραγματοποιήθηκε στο πλαίσιο του προγράμματος “Improving Living Conditions for Unaccompanied Minors (UAMs) and Defending their Fundamental Rights” με την χρηματοδότηση των διεθνών οργανισμών «German Doctors e.V.» και «PICUM – the Platform for International Cooperation on Undocumented Migrants»
ΠΕΡΙΕΧΟΜΕΝΑ / CONTENTS:
Πρόλογος / Prologue
Εισαγωγή για την 2η έκδοση / Introduction to 2nd edition
Α. ΔΙΟΙΚΗΤΙΚΑ ΔΙΚΑΣΤΗΡΙΑ / ADMINISTRATIVE COURTS
1. Ευεργετήματα Πενίας και Νομική Bοήθεια / Applications for legal aid
2. Αιτήσεις Αναστολής / Applications for temporary judicial protection
3. Ακυρωτικές αποφάσεις / Applications for annulment
4. Αποφάσεις Ουσίας / Administrative disputes
Β. ΠΟΛΙΤΙΚΑ ΔΙΚΑΣΤΗΡΙΑ / CIVIL COURTS
Γ. ΠΟΙΝΙΚΑ ΔΙΚΑΣΤΗΡΙΑ / PENAL COURTS
Δ. ΕΙΣΑΓΓΕΛΙΚΕΣ ΔΙΑΤΑΞΕΙΣ / PUBLIC PROSECUTOR’S ORDERS