The Greek Council of State (Συμβούλιο της Επικρατείας) examined three cases concerning the registration requirements applicable to NGOs active in international protection, migration and social integration, under Article 78 of Law 4939/2022 and Ministerial Decision 82876/8.5.2026. According to an announcement by the President of the Council of State on the outcome of the proceedings, the Court found that the requirement for NGOs to register with the Ministry of Migration and Asylum, including as a condition for operating within Ministry structures and receiving State or EU funding, was in principle compatible with the right to freedom of association.
However, the Court found that several specific requirements were contrary to this right. These included the Secretary General’s discretion to accept or reject an NGO’s registration based on information about its activities; the general requirement for NGOs to publish information about their donors or sponsors; and the two-year ban on re-registration where an NGO had been removed from the Register for failing to comply with formal obligations. It also found that the legal basis for the separate Register of NGO Members was contrary to the Greek Constitution, as the law did not itself establish the basic substantive conditions for registration and certification, but instead left those matters to be regulated by ministerial decision.
The Council of State further decided to refer questions to the CJEU on whether Article 12 of the EU Charter allows the NGO registration to be refused where their managers or legal representatives are being prosecuted for a felony or have a final conviction for defamation. It also referred a question concerning the compatibility with Article 10 General Data Protection Regulation (GDPR) of the processing of personal data relating to criminal convictions of persons managing or legally representing NGOs.