Greece

The legal and policy framework relating to statelessness in Greece is a mixed picture. There are some areas of good practice, but in many areas, improvements are needed. Greece has a relatively good record of accession to international human rights instruments, but it is party to only one of the four core statelessness instruments. Some limited and partial data is available on the stateless population, but different agencies use different categories in their data collection, and there is no standard guidance for identifying citizenship.

There is a definition of the term ‘stateless’ in Greek law, and statelessness may be identified in some administrative procedures, but there is no Statelessness Determination Procedure in place. Naturalisation is facilitated for stateless people to a limited extent, but there are still significant barriers. There are also gaps in the legal framework to prevent the immigration detention of stateless people.

Legal safeguards are in place to prevent statelessness among children born on the territory and foundlings, but practical barriers sometimes hinder or delay their implementation. Children born in Greece are generally registered at birth, but there are barriers to birth registration for Romani people. Reforms have been implemented in recent years seeking to address some of these barriers, but some measures were revoked in 2020. Provisions on loss and deprivation of citizenship contain safeguards to prevent statelessness, with some exceptions.

Poslední změna:

Říj 2023

Odborníci na danou zemi:

Greek Council for Refugees

Dodatečné zdroje

HODNOTÍCÍ KLÍČ

++POZITIVNÍ

+ PONĚKUD POZITIVNÍ

+-POZITIVNÍ A NEGATIVNÍ

- PONĚKUD NEGATIVNÍ

--NEGATIVNÍ

DOPLŇUJÍCÍ INFORMACE

NORMY A OSVĚDČENÉ POSTUPY

Mezinárodní a regionální úmluvy

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Greece is State party to the 1954 Convention, but is not party to the 1961 Convention, nor to the two relevant Council of Europe conventions (European Convention on Nationality and Convention on the Avoidance of Statelessness in Relation to State Succession), although it has signed the European Convention on Nationality. Greece is party to all other relevant human rights instruments, except for the Convention on Migrant Workers, without any significant reservations.

Úmluva z roku 1954

Greece is State Party to the 1954 Convention with no reservations and the Convention has direct effect.

Úmluva z roku 1961

Greece is not State Party to the 1961 Convention.

Ostatní nástroje

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Greece has signed the European Convention on Nationality but has not yet acceded to it and it is not State Party to the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession.
Greece is bound by the EU Returns Directive and is State Party to all other relevant regional and international instruments with no significant reservations, except for the Convention on the Rights of All Migrant Workers and Members of their Families.

Údaje o obyvatelstvu bez státní příslušnosti

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

There is a lack of comprehensive data on the stateless population in Greece. The last census in 2011 reported data under the category 'stateless or with unspecified nationality'. There are some sources of disaggregated data, which either include a category of ‘stateless’ or potentially overlapping categories, such as ‘unknown citizenship’ or ‘Palestinian’. Data is held by several authorities, including the Hellenic Police and the Ministry of Migration and Asylum. However, there is no standardised system or guidance for identifying and registering statelessness, so available data is unreliable and statelessness very likely underreported. No data is published on the nationality status of people in immigration detention.

Dostupnost a zdroje

Statelessness has not been comprehensively mapped in the Greek context.
The last National Population Census in 2011 reported that there were 4,825 people who were ‘stateless or with unspecified nationality’ in Greece. The census conducted in 2021 also allowed people to identify as “without citizenship” or “undetermined citizenship”, but the temporary results do not include information about the number of stateless persons and the final results are not yet published.
Greek authorities use overlapping categories such as ‘unknown citizenship’, ‘undetermined citizenship’, and ‘stateless’.
There are other sources of disaggregated data, which either include a category of ‘stateless’ or potentially overlapping categories, such as ‘Palestinian’ or ‘West Sahara’, including statistics from the Ministry of Migration and Asylum (previously Ministry of Migration Policy); the Appeals Authority for asylum applications; Hellenic Police data on irregular migration; National Centre for Social Solidarity data on unaccompanied minors; Ministry of Citizen Protection data on deportation and returns; and UNHCR data on sea arrivals.
There is no common system or guidance for identifying and registering the nationality of non-Greek nationals in Greece, so available data on the stateless population is unreliable and very likely underreported.

Údaje o zajištěných osobách bez státní příslušnosti

The Hellenic Police gathers data on the nationality of detainees, including on people with unknown nationality, but these figures are not published.
According to data provided by the Hellenic Police, people registered under the category ‘registered deportations/returns with detention’ in 2021 included: 4 ‘people with no country (§1 Convention 1954)’, 442 ‘Palestinians’, and 1 person from Western Sahara.

Určení a status osoby bez státní příslušnosti

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a statelessness status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice. Assesses whether stateless people fleeing war have access to temporary protection.

There is a definition of a stateless person in Greek law in line with the 1954 Convention definition, and a facilitated route to naturalisation for stateless people in Greece. However, although in 2016 Greek law assigned responsibility for the conduct of a stateless determination procedure to the Greek Asylum Service and provided for the authorisation of a Presidential Decree, this has not yet been issued. There are other administrative procedures through which some stateless people on the territory may be able to have their legal stay assured or status determined, but these are accessible only to specific groups, do not lead to stateless status nor rights under the 1954 Convention, and statelessness determination is not the explicit objective of any of these procedures.

Definice osoby bez státní příslušnosti

Two Greek laws contain a definition of the term ‘stateless’, including by referring to the definition of a stateless person according to the 1954 Convention. A third law on reception and protection in the event of a mass influx of displaced persons contains only a partial definition, different from the other laws, stating that “a stateless person is a natural person who is not recognised by the law as national of any State”, but this is not the leading definition.

Odborná příprava

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There is no formal training on statelessness for government bodies and the judiciary. Lawyers may have access to ad hoc training on statelessness.
Some statelessness content is included in training provided by UNHCR and other actors to relevant competent authorities (for example, Asylum Authorities, Police, Coastguard, Municipalities).

Existence speciálního řízení o určení statusu osoby bez státní příslušnosti

There is no dedicated statelessness determination procedure in Greece, but there are other administrative procedures through which statelessness may be identified in some cases.
None of these procedures leads to the formal recognition of stateless status, nor to most 1954 Convention rights.
A 2016 law assigned responsibility for the conduct of a stateless determination procedure to the Greek Asylum Service and authorised the issuance of a Presidential Decree to regulate an SDP, but this has yet to be issued.

Postupy, jimiž lze určit absenci státní příslušnosti, a další možnosti zlegalizování pobytu

Some individuals have in the past benefitted from 'ad hoc' statelessness determination and been issued travel documents for stateless persons (under the 1954 Convention). However, there is no indication or information on whether this practice continues to be implemented, the exact procedure followed is not clear, and no specific legislative provisions guide (or have guided) such a procedure.
There are other administrative procedures through which some stateless people on the territory may be able to have their legal stay assured or status determined if they fall within other groups (for example, migrants who have permission to enter/stay in Greece but are unable to meet the requirement to present a travel document to receive their residence permit, or beneficiaries of international protection) but these are not accessible to all stateless people on the territory, do not lead to stateless status or rights under the 1954 Convention, and statelessness determination is not the explicit objective of these procedures.

Přístup k řízení

Statelessness may be identified as a relevant fact during international protection procedures, procedures for acquisition of Greek citizenship, procedures to acquire a residence permit for people who are ‘de facto deprived of a passport’, or procedures to acquire travel documents under the 1954 Convention (although the exact procedure to acquire travel documents is not known).
If a person applying for a residence permit is unable to meet the requirement to present a travel document and provides evidence for their objective inability to present a valid travel document, residence may be granted to them as ‘a person deprived of a passport’. The responsible Immigration Committee may consider the degree of integration in the country in their decision.
There are no referral mechanisms, nor is access to procedures guaranteed for stateless people seeking recognition of their status. Depending on the procedure, the competent authority may facilitate local access. There is no formalised cooperation between agencies that may have contact with stateless people.
There is little public information available to stateless people on relevant procedures.

Posouzení

Statelessness is not determined under any of the procedures. When identifying statelessness, as a general principle, the burden of proof for evidencing statelessness lies with the individual to prove that they do not have the nationality of their country of origin (or another country).
Applications for international protection based on statelessness are assessed against the threshold of ‘reasonable possibility’.
There is little guidance for public authorities on identifying or assessing statelessness There is some guidance on the implementation of the nationality determination procedure (relating to the acquisition of Greek citizenship by individuals born in Greece who cannot acquire any other citizenship or who are of unknown citizenship) and facilitated naturalisation procedure for stateless persons. The recognition of the applicant as stateless by another Greek authority and the possession of a relevant document (stateless ID card or a 1954 Convention Travel Document) is a prerequisite for the examination of the application under those provisions. There is separate guidance relating to the acquisition of Greek citizenship for certain categories of stateless persons (e.g. individuals of Greek origin from Turkey).

Procesní záruky

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Legal aid is not explicitly foreseen for procedures relating to statelessness or acquisition of nationality, though it may be accessed under the general provisions in Greek law. However, there are practical barriers, for example, a request must be submitted in writing, in Greek, and legal aid is only granted if the legal remedy is not considered manifestly unfounded or inadmissible.
A state-funded legal aid scheme is in place for appeals against international protection decisions based on a list of providers managed by the Greek Asylum Service, but capacity is limited.
An interview (and interpreter) is always foreseen in international protection procedures.
Decisions are given in writing and should be reasoned according to general rules of administrative procedure.
The right of appeal is granted and all administrative acts are subject to judicial review. Time limits are foreseen by law under special provisions, although the competent authorities do not adhere to those deadlines, treating them as indicative.

Ochrana

In the absence of an SDP, identification of statelessness through alternative procedures does not lead to permission to stay nor most of the rights set out in the 1954 Convention. In rare cases, stateless persons recognised through an ad hoc procedure are granted travel documents.
Stateless beneficiaries of international protection have access to the same rights as other beneficiaries of protection, including a residence permit (three years if granted asylum and one year if granted subsidiary protection), travel documents, access to the labour market and vocational training, education, social assistance, family reunification, and accommodation under certain conditions. Asylum-seekers also have access to some protection, but since 2020 they are only able to access the labour marker after a period of 6 months since lodging the application.
Undocumented migrants who did not apply for international protection do not have the right to work, social security, accommodation, education, or healthcare (although people without social insurance who are considered vulnerable have access to public health services). Exceptionally, people with irregular residence status may be able to work in order to cover the urgent needs of the Greek rural economy.
Children under 18 can always enrol in public education and have the right to accommodation even if they have not applied for international protection.
Only Greek citizens have the right to vote in parliamentary elections in Greece.

Dočasná ochrana osob prchajících před válkou

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Greece is implementing the EU Temporary Protection Directive for persons fleeing from Ukraine. Greek law establishes the conditions and the duration of temporary protection as well as beneficiaries' rights.
Under these provisions, only stateless persons and nationals of other third countries who benefitted from international protection or equivalent protection in Ukraine before 24 February 2022 (as well as their family members) are eligible for temporary protection in Greece.
Ukrainian nationals, third country nationals, and stateless persons who are not considered as eligible for temporary protection can apply for international protection (asylum) in Greece. This includes third country nationals or stateless persons residing in Ukraine with permanent residence permits before 24 February 2022, who cannot safely return to their country of origin.

Zajištění

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

There are gaps in the legal framework to protect stateless people from immigration detention in Greece and there is evidence that stateless people are detained in practice. There is no consistent individual assessment of the necessity and proportionality of detention in each case, and statelessness is not considered relevant in decisions to detain. Alternatives to detention are provided for in law but are seldomly applied in practice. Procedural safeguards exist in law, but there are barriers to accessing these in practice. There are limited protections for stateless people on release from detention.

Zajištění cizinců

Detention for removal is permitted in law and implemented in practice. Less coercive measures can only be implemented if the person presents no risk of absconding; is cooperative and does not hinder return or removal; and poses no threat to public order or national security. A non-exhaustive list of alternatives to detention is provided by national legislation, but these are seldomly applied in practice and there is evidence that detention is applied prior to all alternatives being considered.
Greek law provides that persons must not be detained solely because they have applied for international protection. Nevertheless, it allows for the detention of asylum seekers who apply for international protection either from detention or whilst at liberty, in certain circumstances (e.g., when there is a need to determine the person’s identity or nationality, where there is a risk of absconding, or a risk to national security or public order). UNHCR has stated that this expansion of detention grounds is not in line with international law.
According to the law, decisions ordering the administrative return of a person should explicitly mention the country to which the removal will take place. In practice, return and deportation decisions do not identify the precise destination country, except in cases of readmission to Turkey.
The law provides that detention shall be revoked when there is no longer a reasonable prospect of removal. However, there is no consistent individual assessment mechanism to determine the necessity, proportionality, and reasonableness of detention in each individual case, nor the feasibility of return or removal. This results in detention being imposed and prolonges even in cases where removal is not feasible.

Identifikace statusu bez státní příslušnosti

In law, statelessness should be considered as a ground that makes removal unfeasible and lead to the person’s release from detention. However, the lack of an individual assessment prior to the detention decision and the absence of an SDP result in statelessness not being considered relevant to the decision to detain and stateless people are detained in practice.
There is a definition of vulnerability in Greek asylum law. However, statelessness is not explicitly considered to be a factor increasing vulnerability. Individual vulnerability assessments are not carried out prior to the decision to detain nor whilst detention is maintained.

Procesní záruky

National legislation for both detention in return procedures and of asylum-seekers includes main procedural safeguards as stipulated by EU Directives. However, in practice, a number of those safeguards are not effectively applied or are not available. In particular, there is a lack of an effective review of detention decisions, when time limits are reached a new detention decision is automatically issues, there is no ex officio judicial scrutiny of detention, free legal aid is not available in practice to challenge detention, and legal remedies against detention are largely ineffective.
Decisions are communicated in writing and must include reasons in fact and law. In law, detainees must be informed in a language they understand of the reasons of their detention, but this routinely does not happen and decisions are usually issued in Greek.
Applicants for international protection are entitled to free legal assistance and representation to challenge the detention order, but in practice this is not available. Legal aid may be requested under the general provisions of Greek law, but this cannot easily be accessed by asylum seekers due to a number of obstacles.
There is no information about any guidance in place governing the process of redocumentation/establishing nationality.

Ochrana po propuštění

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People released from detention are not issued with any identification, nor confirmation of their statelessness status where relevant. However, people released from detention may be issued with documentation such as a decision postponing removal, an administrative note ordering voluntary departure, an administrative note accepting an objection against detention, a decision granting international protection, or an administrative note ordering appearance before the Asylum Service within 10 days.
When a person who has not applied for asylum is released, they may be protected from re-detention for up to six months and have the right to urgent healthcare, but they have no right to social security, accommodation, education, non-urgent healthcare, or work (with certain limited exceptions when work may be allowed). People considered vulnerable and without social insurance may access public health services and pharmaceutical treatment. Minors have the right to education at a public school as well as the right to accommodation.
People holding a decision postponing their return have a temporary right to stay as well as the right to be accommodated in public facilities and have their basic needs covered by competent authorities.
Some persons may, exceptionally, be granted residence permits based on long residence (seven years) in Greece, or on humanitarian grounds.

Dohody o navracení a zpětném přebírání osob

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Greece is party to more than 18 bilateral readmission agreements. These can be divided into four categories in terms of how they deal with statelessness: those in which statelessness is not juridically relevant; those in which the term 'stateless person' is used without meaning/definition/legal effect; those which provide for stateless persons to be readmitted only if they hold a travel document issued by the State in question permitting return; those which expressly exclude recognised stateless people from readmission.
For the purpose of readmission, nationality may be presumed on the basis of various documents (other than ID or travel documents) and, in case of doubt, an interview may take place.
Stateless people have been returned to Turkey in the context of implementation of the EU-Turkey Statement, but readmissions have been halted since 2020 and there is no data regarding this period.

Prevence a omezení

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Greece performs relatively well on the prevention and reduction of statelessness, but there remain some gaps. There is an automatic safeguard in law to prevent a child being born stateless on the territory. However, in practice, it must be proven that the child does not acquire another nationality at birth and there is no clear guidance on implementation. In the case of foundlings, there is also an automatic safeguard, but the authorities must carry out research relating to the parents, and it is unclear how long the child may need to wait to acquire Greek citizenship. There are safeguards to prevent statelessness in the case of adoption, and children born to nationals abroad acquire Greek citizenship automatically. There are reports of barriers to birth registration for specific groups, including Romani people, undocumented migrants, and asylum seekers. A provision to facilitate acquisition of Greek citizenship by Romani people with a long historical presence in Greece was never implemented and was revoked in 2020. There are safeguards to prevent statelessness in most cases of loss of nationality, but not all.

Naturalizace

Stateless people acquire the right to apply for naturalisation after three years’ legal stay, on the same basis as recognised refugees. This is a reduction from the standard seven (or 12) years for others. However, only stateless individuals recognised as such by the Greek authorities can benefit from these provisions, i.e. the very few individuals holding a stateless ID card or a 1954 Convention Travel Document. There is a requirement to take a pre-naturalisation exam, which is offered only twice a year, for which applicants must pay 150 EUR. There are no exemptions from these requirements for stateless people.
Stateless people may, however, benefit from a reduced administrative fee (100 EUR) for naturalisation compared to the standard (550 EUR).
When assessing applications for Greek nationality, the competent authority requests an ex officio criminal record certificate, a certificate of non-deportation, and information on whether there are other relevant matters of public or national security.
Children are not eligible for naturalisation but may acquire Greek citizenship if a parent is naturalised and provided the child has permanent residence in Greece.

Osoba bez státní příslušnosti narozena na území

There are provisions in law for a child born in Greece who would otherwise be stateless, or whose possible nationality is unknown, to acquire Greek citizenship at birth.
The conferral of nationality in such cases is automatic, although relevant facts must be proven in order to obtain proof of Greek nationality. Some general guidance requires proof of birth in Greek territory and non-acquisition of any foreign nationality. The general rule is that the applicant must substantiate their claim before the administration, but there is no known procedure for proving that the child has not acquired a nationality, and practices are by the competent authorities are ad hoc and inconsistent.
There is no residence requirement for the child or parents and no age limit.
A fee of 100 EUR is required for applications for the determination of Greek citizenship by descent. It is not clear whether this is also applicable for acquisition of Greek citizenship by stateless persons born on Greek territory.
There are no specific provisions to protect the right to a nationality of children born to refugees although the law provides for cases where parents cannot assist the Greek authorities in verifying their nationality for objective reasons.

Nalezenci

Foundlings may be covered by a provision that grants Greek citizenship to a child born in Greece if their nationality is unknown and failure to ascertain any foreign nationality is not due to the parents’ refusal to cooperate. The authorities must verify that the child was born in Greece and attempt to identify the parents (and their nationality).
There is no age limit on the acquisition of nationality by foundlings.
Generally, according to jurisprudence, the revocation of an administrative act (i.e. recognition of citizenship) is not allowed after the expiry of a reasonable period, unless there are reasons of public interest or fraudulent conduct of the person.

Adopce

A Greek citizen adopted by a foreigner before completion of their 18th birthday can lose their Greek citizenship at the request of the adopter if they acquire the nationality of their adoptive parent. Each case is decided individually by the Minister of the Interior taking into account the opinion of the Citizenship Council.
A foreign child adopted by a Greek national before completion of their 18th birthday acquires Greek citizenship on the day of adoption.

Ius sanguinis (právo krve)

A child born to a Greek citizen mother or father acquires Greek citizenship by descent regardless of the place of birth.
Children of same-sex couples may be subject to discrimination, since no parental rights are granted to a non-biological parent, hence a non-biological parent is unable to confer their nationality to their child.

Registrace narození

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Greek law provides that all children’s births are registered immediately. A new-born child should be registered with the local birth registry within 10 days of birth, but registration can only take place when the father or mother or any person present during the birth or an authorised representative presents at the civil registry, and upon submission of specific documents or in the absence of documents, testimonies.
Generally, the law states that public authorities are obliged not to provide their services to third-country nationals who do not have a passport or other travel document and/or are not residing legally in Greece. However, an exception is made in cases of urgent hospitalisation, childbirth and whenever the patient is a minor. Since 2018, an undocumented mother about to give birth must be admitted to public hospitals and issued with an ad hoc ID including her personal information based on her statement, solely for the purpose of registering the birth. Since 2020, births in hospitals or maternity clinics must be registered digitally through an online birth registration system. There are some indications that access to birth registration for children of undocumented people remains difficult in some cases.
Birth registration in Greece can be proven by two documents: a birth certificate or a civil registry certificate. The birth certificate can only be issued to Greek citizens who are registered with a municipality, and contains factual information (e.g. place and date of birth, name and gender of the child, date of acquisition of Greek nationality of the parents, social security number). The civil registry certificate contains similar factual information but can be updated after the time of birth with new/correct information, and can be issued to Greek citizens not registered with a municipality or to children who do not have Greek citizenship.
The birth certificate does not contain information on the child's nationality. There is a legal framework and procedure for determining Greek citizenship.
Under the new online birth registration procedure, access to the citizens taxation system is required to print the birth certificate. There are indications that stateless persons, undocumented migrants, and asylum seekers face difficulties accessing a birth certificate without a social security number to access the taxation system. It is further reported that asylum-seekers, refugees, and migrants may face obstacles in accessing public services without interpretation.
There are also credible reports of barriers to birth registration faced by Romani people, and children of same-sex couples also face discrimination in relation to the registration of a non-biological parent.
People whose birth has not been registered may apply for a court to confirm their birth in order to acquire a civil registry certificate. This procedure has allowed some people of Romani origin to register their births, even decades later.
Generally, birth registration for children born as a result of surrogacy is possible under a legal framework which permits surrogacy under certain rules. However, children born as a result of surrogacy to same-sex parents may face difficulties with birth registration and acknowledgement of a parent.
There are no mandatory requirements on civil registry officials to report people with irregular residence status to the immigration authorities, and there is no information on whether this occurs in practice.
Late birth registration is possible, but there is a penalty fee (30 EUR between 11-90 days after birth and 60 EUR after the 90th day).

Snižování absence státní příslušnosti in situ

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There are particular sections of the population in Greece who are believed to be stateless or at risk of statelessness, including a small number of people in the Thrace area (this population consists of members of the Muslim Minority of Western Thrace deprived of their Greek citizenship in 1955 and a small number of people from the Former Soviet Union); some Romani people; a (probably) small number of people who are members of Greek Orthodox descent (“homogenis” from Constantinople and the islands of Imvros or Tenedos) who were born in Turkey or Greece and live in Greece; descendants of Armenian refugees; children of beneficiaries of international protection born in Greece whose parents are stateless or whose births must be registered with the consular authority of their country; children born in Greece whose birth must be registered with the consular authority of their country and no such authority exists in Greece.
Some measures have been taken aimed at reducing statelessness in recent years, including legal provisions to facilitate birth registration/civil registration, and the signature of a Memorandum of Cooperation on statelessness prevention and nationality acquisition issues between the Ministry of Interior and UNHCR.
However, other measures aimed at reducing statelessness have been revoked in 2020. Under the previous Government, the Ministry of Interior had begun an effort to identify cases of statelessness in the Eastern Macedonia-Thrace, but the current Government has stated that it is not aware of any cases in the area (with no information publicly available on how this data was collected). A procedure introduced for the acquisition of Greek citizenship by stateless Romani people with a long historical presence in Greece was never implemented and was revoked in 2020.

Upírání občanství

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The Greek Citizenship Code includes provisions on deprivation of nationality, which are applied in practice. There are safeguards to prevent statelessness in most cases, except where citizenship was acquired by fraud or where Greek citizenship is deprived on grounds of disloyalty to the Greek State. Deprivation of nationality does not affect the nationality of the spouse or children of the person concerned, except in certain cases of fraud.
There is no general safeguard to prevent renunciation of Greek citizenship resulting in statelessness, although it is implied in the law that the individual seeking to renounce Greek citizenship must hold another nationality, and the request must be approved by the competent authorities. The safeguard against statelessness is absolute in cases of renunciation of Greek citizenship when it was acquired as a minor following the naturalisation of a parent, loss of citizenship due to adoption by a foreign national, or loss of citizenship by a woman who acquired it through marriage to a Greek citizen.
Decisions on deprivation of nationality may be appealed to the administrative court. There is a time limit in place and legal aid is available under general provisions.
A new procedure was introduced in 2019 to regulate disputed acquisition of Greek citizenship. According to the law, a public authority or ‘a person with a legitimate interest’ may contest the Greek citizenship of a person, or the legal basis for acquisition of Greek citizenship, by submitting a dispute resolution request before the Citizenship Council. The law explicitly provides for a public authority or ‘interested party’ to contest whether a stateless person acquiring Greek citizenship holds another nationality. In addition to singling out stateless persons, the provisions could more broadly discriminate against those who have acquired Greek citizenship through naturalisation as opposed to Greek citizens by birth.

Zdroje

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Led 1954)

Council of Europe - European Convention on Nationality (Lis 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Led 2006)

United Nations - Convention on the Reduction of Statelessness (Led 1961)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Črv 2020)

European Network on Statelessness - Statelessness determination and protection in Europe (Zář 2021)

ISI, ASKV, ENS - From Syria to Europe: Experiences of Stateless Kurds and Palestinian Refugees from Syria Seeking Protection in Europe (Led 2019)

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Lis 2024)

Dodatečné zdroje

HODNOTÍCÍ KLÍČ

DOPLŇUJÍCÍ INFORMACE

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