Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Directive 2011/95/EU (on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted) aims to ensure that Member States apply common criteria for the identification of persons in need of international protection and that these persons have access to a minimum level of benefits in all Member States. As mentioned in the January Infringement Package, ensuring full compliance with this Directive is an important prerequisite for the proper functioning of the Common European Asylum System (CEAS). The Commission is closely monitoring how Member States transpose the legislation into national law.
The Commission considers that, among other Member States, Greece has not transposed or fully implemented certain provisions of the Directive and has therefore decided to send a letter of formal notice to Greece.
More information on this procedure can be found on the European Commission’s website by entering INFR(2022)2110 in the “Infringement number” field.
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the Commission has sent a letter of formal notice to Greece for failing to transpose all the provisions of the Directive on the requirements for the recognition of third-country nationals or stateless persons as beneficiaries of international protection in a fully compliant manner.
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