ΑΛΛΗΛΕΓΓΥΗ ΣΤΗΝ ΕΕ: ΕΞΕΛΙΞΕΙΣ ΣΤΟ ΠΕΔΙΟ ΤΗΣ ΠΡΟΣΦΥΓΙΚΗΣ ΠΡΟΣΤΑΣΙΑΣ ΚΑΙ ΠΡΟΚΛΗΣΕΙΣ ΣΤΗΝ ΕΕ ΚΑΙ ΣΤΗΝ ΕΛΛΑΔΑ

Maria Daniella Marouda 63 Moreover, the rapidly changing situation on the ground could not be taken ade- quately into account. Financial decisions and projects were not reassessed based on needs but rather on the political decisions brought forward by the EU -Turkey Statement that was announced in the same days (March 2016). With the adop- tion on the 3 rd of April of the Greek law 4375/ 2016 on the reorganization of the Asylum Service, implementing in practice the EU Turkey Statement “fast track procedures” 56 , assumptions of needs changed -however ESI inserted a restriction on eligibility according to which: “On the islands, funding can be used to intervene in case of humanitarian emergencies to ensure dignity and protection provided that the funding is not used for return and/or readmission programmes” 57 . Politi- 56. See the EU Turkey Statement, https://www.consilium.europa.eu/en/press/press- releases/2016/03/18/eu-turkey-statement/ and the Greek Law 4375/2016 that was adopted and entered into force on the 3rd of April 2016, under urgent procedure, amid debate and speculation around the legal reforms needed for the implementation of the EU-Turkey deal of 18 March. According to the Law the concept of third safe country is applied in the context of the Fast- Track Border Procedure under Article 60(4) L 4375/2016 on the islands for those arrived after 20 March 2016 and subject to the EU- Turkey statement, and in particular vis-à-vis nationalities with a recognition rate over 25%, thereby including Syrians,Afghans and Iraqis. Since applications of persons identified as vulnerable or falling within the scope of the Dublin Regulation family provisions are exempt from this procedure, they are not subject to the safe third country concept. (AIDA Report on Greece 2018, published March 2019 see www.asylumineurope.org) . The Law introduces a considerable number of changes to the institutional framework, the first reception procedures, the asylum procedure, the labour rights of beneficiaries of international protection, as well as the management of refugee flows in Greece. See Law on the on the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC “on common procedures for granting and withdrawing the status of international protection (recast) (L 180/29.6.2013), provisions on the employment of beneficiaries of international protection and other provisions). On the humanitarian consequences of the agreement there were numerous reports by AIDA, Greek Council for Refugees, and even signatories by EU Red Cross Societies, requesting a change in the relevant policies to address migrants stranded on the islands, see https:// www.redcross.ie/international-news/eu-turkey-migration-deal-lacks-empathy-and- humanity/ See also Greek Ombudsman, Report on the Returns of Foreigners, 2017, published on September 2018 http://www.asylumineurope.org/sites/default/files/ resources/2018_epistrofes_gr_web.pdf ; AIDA Report on Greece, 2016, 2017, 2018 (last one published on March 2019, accessed at 57. Compare the first three rounds of the financial decision on the priorities of ESI funding following developments on the ground but excluding the hot spots, or Evros, accessed at https://ec.europa.eu/echo/sites/echo-site/files/esop_2016_round1.pdf; Second Round with additional funds was adopted in June 2016, accesed at https://ec.europa . eu/echo/sites/echo-site/files/esop.pdf; Round 3 adopted on December 2016, accessed at https://ec.europa.eu/echo/sites/echo-site/files/esop_2016_round3.pdf ; 2017 Financial Decision, 14 February 2017 https://ec.europa.eu/echo/sites/echo-site/files/ esi_2017.pdf with the first round https://ec.europa.eu/echo/sites/echo-site/files/