The application of the EU-Turkey agreement: A critical analysis of the decisions of the Greek appeals committees

Abstract

The article discusses the first case law issued on the EU-Turkey deal that authoritatively answers the question whether Turkey constitutes a safe third country for refugees. In 390 out of 393 decisions Greek Asylum Appeals Committees ruled that the safe third country requirements are not fulfilled with respect to Turkey, essentially impeding the application of the EU-Turkey deal. The purpose of this article is, on the first level, through empirical research, to shed light on the reasoning of the decisions of the Appeals Committees and investigate the impact of the EU-Turkey agreement upon them. On a second level, it focuses on evaluating from the perspective of effective legal protection the legislative amendment, subsequent to these decisions, which modifies their composition. The analysis is of significant societal relevance, as it aspires to inform further law, policy, and jurisprudence in the field, especially since it provides access to sources that due to language and other practical barriers would remain far from the reach of legal and policy experts.