Announcement of the Union on the occasion of Dogiakou’s opinion on ADAE
THE Union of Judges and Prosecutors (EDE), on the occasion of his opinion Isidoros Dogiakou on the privacy of communications and the competences of the Anti-Corruption Commission, with its announcement it was in favor of the possibility of the prosecutor of the Supreme Court to give an opinion on matters of general interest.
In more detail, the EDE announcement is as follows:
“According to the Constitution, the Prosecutor of the Supreme Court and all prosecutorial officers are included in the judicial function of the State and enjoy personal and functional independence.
The duty of the prosecuting authority, among other things, is to observe legality, and the law, and in particular the provision of article 29 par.2 Law 4938/2022 (KOKDL), provides the Prosecutor of the Supreme Court with the authority to give an opinion on issues of general interest, interpreting provisions of laws.
Concerning the provisions of laws concerning the confidentiality of communications, the opinions of the Prosecutors of the Supreme Court with numbers 9/2009, 12/2009 and 9/2011 have been issued in the past.
Disputes regarding the scope and limits of the advisory competence of the Prosecutor of the Supreme Court, as well as his opinion with number 1/2023, could be raised, if its content referred to a specific matter for which the competent judicial bodies had been taken , so as to exclude any possibility of influencing their judgement, a case which does not occur in this case.
The expression of scientific and other opinions that evaluate or misinterpret its content, cannot be the occasion for serving specific political expediencies and on the one hand to attack the institution and on the other hand to attempt to obstruct the jurisdictional judgment and the expression of the opinion of a judicial authority” .
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