ANNEX I – Transposition of the CEAS in national legislation


Country Report: ANNEX I – Transposition of the CEAS in national legislation Last updated: 10/07/24


Greek Council for Refugees Visit Website

The following section contains characteristic incompatibilities in transposition of the CEAS in national legislation which were previously identified in IPA and are maintained in Asylum Code.

Directive Provision Domestic law provision Non-transposition or incorrect transposition
Directive 2011/95/EU

Recast Qualification Directive


Directive 2013/32/EU

Recast Asylum Procedures Directive

31(8) Article 88(9)ia Asylum Code Asylum Code maintains IPA’s provision (Article 83(9)) which exceeds the permissible grounds for applying the accelerated procedure, given that it foresees as ground for using the procedure cases where the applicant refuses to comply with the obligation to be fingerprinted under domestic legislation.


38 (2) Article 91(1)f Asylum Code Article 91(1)f Asylum Code maintains article 86(1)(f) IPA, with regards the safe third country concept, and provides that transit through a third country may be considered as such a “connection” in conjunction with specific circumstances, on the basis of which it would be reasonable for that person to go to that country. In LH the CJEU ruled that “the transit of the applicant from a third country cannot constitute as such a valid ground in order to be considered that the applicant could reasonably return in this country”, C‑564/18 (19 March 2020), which sheds doubts on the compatibility of the provision with Article 38(2) of the Directive. Moreover, contrary to Article 38(2) of the Directive, national law does not foresee the methodology to be followed by the authorities in order to assess whether a country qualifies as a “safe third country” for an individual applicant.


Directive 2013/33/EU

Recast Reception Conditions Directive

20(4) Article 61(4) Asylum Code Asylum Code maintains IPA’s provision (article (4)) which allows for the withdrawal of material reception conditions where the applicant seriously breaches the house rules of reception centres or demonstrates violent conduct. Such a measure is not permitted by the Directive, as clarified by the CJEU in Haqbin.


Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation