“The pronouncement of a public opinion by a Judicial Officer on the content of an order under resolution, which he will either be asked to implement or not to implement, is contrary to the principles of impartiality and objectivity” states the EDE
The Union of Judges and Prosecutors (EDE) on the occasion of resignation of the vice-president of the Supreme Court, Christos Tzanerrikosin today’s announcement states that “will not allow Justice to become part of the political game.”
In more detail, the EDE announcement is as follows:
“The Union of Judges and Prosecutors, following the developments of the last period of time and given its already expressed position, that it will not allow the Judiciary to become part of the ‘political game’, points out the following:
A. The Judiciary is a pillar of the Republic and its Officers, throughout time, have to demonstrate struggles to preserve the judicial principles and protect freedoms and individual rights. The Judiciary is deeply democratic and serves the Democratic Institutions with vigour, courage and dedication.
B. In a country with strong democratic institutions, such as our country, the legislative initiative belongs to the Government and the legislative function to the legally elected Parliament. The principle of the Rule of Law, as enshrined in our Constitution but also as a common value of the European Union, presupposes a transparent, responsible, democratic and pluralistic process for the adoption of Laws. The piecemeal and sketchy legislation creates suspicions of arbitrariness by the executive power.
C. The pronouncement of a public opinion by a Judicial Officer on the content of an order being passed, which he will be asked to either implement or not to implement, is contrary to the principles of impartiality and objectivity, which are a guarantee of Fair Judgment. The dialogue between the three functions must take place between these institutional representatives and within the framework provided by the Constitution and the laws.
D. The general declarations in favor of the Rule of Law, from whoever they come from, are not enough to consolidate this principle, because the challenges that the latter faces in the modern era in the pursuit of the essentialization of Democracy, social peace and the preservation of freedoms they are big.
E. The Greek Judicial Officers obey only the Constitution and the laws of the State, they decide according to their conscience and the decisions they issue are in accordance with the principle of legality”.
Source: Skai
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