The right to family reunification of unaccompanied minors in Greece: legal framework v. reality

Abstract

This dissertation examines the de jure and de facto compliance of Greece to the EU standards on family reunification of unaccompanied minors. The EU is faced with an unprecedented refugee crisis, with unaccompanied minors being one of the most vulnerable groups among the refugees. Greece has been all along at the forefront of the crisis, mostly as a transit country to Northern Europe. Thus, many unaccompanied minors who cross the country could benefit from the right to family reunification and avoid further traumatization by being reunited legally with family members already residing in another EU country. Both primary and secondary sources are reviewed to compare the Common European Asylum System and the national legal framework on the matter, as well as to examine the everyday practice in the country. Although the Greek legislation is found outdated in comparison to the EU acquis, it is practice that presents the most problematic shortcomings. Challenges are identified in the detection of the minors, their right to information and the available incentives for the minors not to abscond care. It is recommended to promptly revise the existing legislation, so that it complies with the EU provisions, to strengthen the First Reception Service of Greece, to redesign its guardianship system, to reinforce the role of the state in family tracing and to adopt best practices of other EU Member States on policies of reducing absconding incidents.