Answer given by Ms Johansson on behalf of the European Commission
5.2.2020
The Commission is aware of the reports on the alleged rejection of 28 applications for international protection due to lack of interpretation on Lesvos, Greece, and takes seriously any allegations of violations of procedural rights laid down in the Asylum Procedures Directive[1].
The Asylum Procedures Directive guarantees that asylum applicants shall be given the opportunity of a personal interview on their application for international protection, with certain limited exceptions. Regarding interpretation, the Asylum Procedures Directive provides that communication shall take place in the language preferred by the applicant, unless there is another language he or she understands and in which he or she is able to communicate clearly[2].
The Commission will continue monitoring the implementation of the procedural guarantees of the Asylum Procedures Directive in Greece and is in contact with the Greek authorities in this respect.
In general, the Commission can launch infringement procedures pursuant to Article 258 of the Treaty on the Functioning of the European Union as regards systematic breaches — e.g. where it is established that a Member States engages in an administrative practice incompatible with Union law, when it is to some degree, of a consistent and general nature[3].
- [1] Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, OJ L 180, 29.6.2013.
- [2] See Article 15(3)(c) the Asylum Procedures Directive.
- [3] See Case C‐525/14, Commission v Czech Republic, EU C 2016 714, paragraph 14.