“The electoral legislator can establish the disqualification of certain combinations of candidates in the municipal and regional elections, as it has already done for the parliamentary elections, for reasons of protection of the democratic state” emphasizes the parliamentary group of PASOK – Movement for Changewhich submitted today to the Parliament a proposal for a law “to exclude the electability of combinations in the elections for the nomination of Municipal and Regional Authorities”.

In the explanatory statement of the proposed law, it is pointed out that the Court of the Supreme Court – First Civil Department has accepted “in its two important decisions numbered 8/2023 and 95/2023, the electoral legislator has the right but also the obligation not to it allows the use of voting rights to erode liberal and democratic institutions. This constitutional imperative for the self-protection of democracy is not only valid at the level of national political representation through parliamentary elections, but also at the level of local political representation through elections for the nomination of Municipal and Regional Authorities, given that Municipalities and the Regions are articulations of the democratic form of the State in the sense of 1§1 Synd.

They also note that, “especially with regard to the principles of local self-government organizations, the electoral legislator has more discretion when determining the obstacles to eligibility or the conditions for exclusion of eligibility as well as the incompatible ones, in relation to parliamentary elections, since the article 102 §2 Comp. which regulates matters relating to the election of the Principals of local self-government organizations is accompanied by a legal proviso (“as the law prescribes”), in which respect for the principles of universality and the secrecy of voting is set as a guarantee condition, while the relationship between active and passive right to vote according to articles 51§3 and 55§1 Comp., as well as obstacles and irreconcilables of the Members of Parliament (articles 55 to 57 Comp.), can be regulated differently in the case of municipal and regional elections. In this context, the electoral legislator can establish the disqualification of certain combinations of candidates in the municipal and regional elections, as it has already done for the parliamentary elections, for reasons of protection of the democratic state, and in this particular case also for reasons of protection of the authority of the Authorities of organizations of local self-government, if the candidate mayor or regional governor of these combinations or their actual head has been convicted of crimes of particular political infamy”.

THE proposal of law of PASOK-Movement for Change, which first bears the signature of the president of PASOK-Movement for Change, Nikos Androulakis, reads as follows:

PROPOSAL OF LAW

“Exclusion of electability of combinations in the elections for the nomination of Municipal and Regional Authorities”

  • Article 1

Amendment of the provision of article 15§8 of Law 4804/2021

A new paragraph 15§8A is added to article 15§8 of Law 4804/2021 which reads as follows: 15§8A “It is not permitted to declare combinations whose candidate for mayor or their actual head has been sentenced to any degree of imprisonment for the offenses of Chapters 1-6 of the Second Book of the Penal Code, or on any sentence for the crimes of the Military Penal Code carrying the sentence of life imprisonment. The deprivation of the right to draw up combinations is valid for the duration of the imposed sentence and is calculated from the day after the day of the conviction. In the context of this article, the real head of the combination means a person other than that of the candidate for mayor and who, by specific actions, appears to exercise the management of the combination or to have appointed a virtual head of the combination as a candidate for mayor or to have a leading political role towards the electorate”.

Article 15§8 of Law 4804/2021 is renumbered as 15§8B and remains as it is.

  • Article 2

Amendment of the provision of article 15§11 of Law 4804/2021

In article 15§11 of Law 4804/2021, a new case i) is added as follows:

i) “if the candidate mayor of the combination or its actual head has been sentenced to imprisonment or life imprisonment for the offenses referred to in Article 15§8A of this law, the assistance of the impediment to electability of the above combinations is checked ex officio by the competent court, which receives or may request documentation from the competent judicial or other authorities as the case may be. To aid their judgment, the lead candidate mayors or their legal proxies, of the combinations that have filed a declaration in the relevant electoral district, have the right to submit a memorandum with documentary evidence, until the deadline of Article 17§1 of this law. In the event of an ex officio audit or submission of memorandums, the competent court shall invite the audited combination to take notice and submit a memorandum with its views.”

  • Article 3

Amendment of the provision of article 52§8 of Law 4804/2021

The provision of article 52§8 of Law 4804/2021 is amended as follows: “For the rest, paragraphs 8A and 8B up to and including 11 including case i) of article 15 of this law shall apply accordingly.

  • Article 4

Starting Power

The provisions of the previous articles are valid from the publication of this law.