Greece has restructured how free legal guidance is provided to asylum seekers, shifting from NGO-led services to a state-accredited lawyer system—and tying a portion of lawyer pay to clients’ voluntary returns. The new framework, set out in a Joint Ministerial Decision, raises conflict-of-interest issues that practitioners and migrant advocates need to understand.
What changed
The Greek government has introduced a new framework for providing free legal guidance to asylum seekers, replacing the previous system with one delivered exclusively by specially accredited lawyers while offering financial incentives tied to completed voluntary returns.
Under the new system, free legal guidance during the initial stage of the asylum process will only be provided by lawyers registered in a dedicated Register of Legal Guidance Lawyers, maintained by the Athens Bar Association and overseen by the Plenary of the Presidents of Greece’s Bar Associations. The Joint Ministerial Decision sets a standard payment of €160 plus VAT for each legal guidance session, whether conducted individually or in groups.
The key incentive mechanism: Lawyers will receive an extra €250 plus VAT when an asylum applicant without a strong refugee profile completes a voluntary or organised return within two months of receiving legal guidance, with the payment made only once the return has been successfully completed.
Lawyers who provide government-funded legal guidance will be prohibited from later representing the same applicant privately in administrative or judicial asylum proceedings, a safeguard intended to prevent publicly funded legal advice from becoming a means of attracting private legal clients.
Why it matters
The return bonus creates a structural incentive for government-funded lawyers to counsel applicants toward voluntary departure rather than robust asylum defense. Applicants from countries with asylum recognition rates below 20% will also receive information on the legal consequences of illegal entry or stay, as well as voluntary return programmes—meaning the most at-risk populations are steered toward return options early in the process.
For practitioners and NGO legal advisors, this means:
- Migrant clients receiving “free” legal guidance from the state register should understand that the lawyer has a financial stake in their return, not their asylum success.
- Private attorneys cannot later represent clients they’ve counseled under the state scheme, limiting follow-on representation opportunities but also preventing direct conflicts.
- NGO legal services have been largely displaced; the previous patchwork of NGO-led guidance is being replaced by this state-accredited model, reducing alternative sources of legal advice independent of return incentives.
The structure fits Greece’s stated goal: The measure forms part of the government’s broader migration strategy aimed at encouraging the return of applicants who are unlikely to qualify for international protection. This is not neutral legal guidance—it is designed to reduce asylum applications.
Way forward
If you represent migrants in Greece or advise NGOs:
- Inform clients that state-provided legal guidance comes with a financial incentive favoring voluntary return. Clients should understand the lawyer’s role is informational, not advocacy.
- Provide independent legal analysis early. Do not rely solely on government-accredited guidance to advise on asylum strength; conduct your own country-of-origin research and vulnerability assessment.
- Document the guidance provided. If a client later claims they were counseled to return without a fair assessment of their claim, contemporaneous notes of what was discussed (and what was omitted) may be material to any later challenge.
- Know the register. The Athens Bar Association and Bar Associations’ Plenary maintain the Register of Legal Guidance Lawyers. Verify whether an accredited lawyer is offering guidance, and understand the limitations of that role.
Disclaimer
Fola Form is a software platform, not a law firm, and this article does not constitute legal advice. Immigration law, asylum policy, and bar association rules change frequently and vary by jurisdiction. If you represent a migrant or asylum seeker in Greece, consult a licensed attorney admitted in Greece and verify all information against the primary source (the Joint Ministerial Decision and the official Register of Legal Guidance Lawyers). Policy and practice can change without notice.