In two cases of refugees from Iran and Iraq transiting through
Turkey and arriving from Greece the Constitutional Court, in a
preliminary emergency ruling, has instructed the border police to grant
admission. Since in Greece asylum seekers are admissible only if they
have come direct from the country of origin the court has serious doubts
whether die applicants are safe from refoulement in Greece.83 Since Greece
is declared 'safe' by the Constitution the court can either rule that the
Constitution contains unconstitutional law — an option which is provided
by die Constitution itself (article 79, paragraph 3) — or it can avoid a
serious political conflict and endorse the legislator's decision. With regard
to 'safe' countries established only by law, without examination of the
circumstances of the individual case, the court may declare it
unconstitutional. To date the court has taken no decision on die substance
of die matter.