Law of Aliens (natural or legal persons) – Human Rights Law

It must be considered as a branch of public law (for the previous term see “Introductory explanations on our  specialization fields” with extremely growing importance especially in Greece but also all around Europe. Indeed, adverse developments in the Middle East and the African continent made Europe, once again in history, survival board for millions of people, the dramatic attempt of which to reach the old continent, has been watched on mass media by its speechless residents.

But apart from refugees and economic migrants that recently shook Europe, there are older reasons creating the increasingly interest of state regulations concerning the status of non-citizen permanently or temporarily residents.  Most important is the post second world war economic neo-liberalism in a context of globalization that has permitted foreign funds and foreign skilled labour to enter in any State and thrive.

On the other hand, no matter the cause, this mobility of money and persons in a no- boundaries world is alleged increasingly to have created more problems in the domestic welfare and economic growth than these resolved. Skepticism against «breaking down the walls» has already begun to arise, unfortunately sometimes through old nationalism ideas and even worse challenging global and European – well-established by international legislation and Courts (such as “The European Convention of Human Rights” and the corresponding “European Court of Human Rights”) values. Under these conditions, Human Rights law appears of a particular importance for the field of law of aliens, has capital participation to the legal regulation of any case relevant to the latter, but importantly sets limits on intervention therein of populism policies that unfortunately are increasing in contemporary Europe.

In Greece like in all the others European Union States we must distinguish: a) Greek citizens who have the Greek citizenship, b) aliens but European Union (EU) citizens who have the EU citizenship, c) aliens who doesn’t have Greek or EU citizenship.

The status of above b) aliens is practically the same with that of Creek citizens expect the right to vote in national/State government elections. That is technically achieved by the establishment of a new citizenship, the EU citizenship, added to the old national citizenships of EU Member States (see art. 9 Treaty on EU, art.20-24 Treaty on the functioning of the EU, consolidated versions of European Commission). The EU citizens may work as worker/employee, even as self-employed, set up and manage undertakings, including agencies/subsidiaries of any other Member State enterprises, new companies or firms or just reside in the territory of any Member State on exactly equal terms with the nationals of that State (see especially art. 45,49 Treaty on the functioning of EU). Besides, profit-making legal persons formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Union are treated in the same way as natural persons who are nationals of Member States (art.54 Treaty on the functioning of EU).

The status of above c) aliens, in Greece is regulated mainly by Law/Act 4251/2014 as it was amended by 4332/2015. As art.5 of this Law provides basic requirement for the entrance or any kind of activity, apart from passport containing at least two empty sheets, valid up to three months after the intended departure and issued within last 10 years, is VISA. This stamp on the passport is granted by Greek Consulate of the alien’s resident before he reached the country. However many aliens doesn’t need a visa for entrance and short stay according to international and E.U. commitments of Greece or even national regulations. In all cases even for them and the rest non-EU aliens any kind of permanent activity

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