The framework of the law on responsibility Ministers In Greece he analyzes the new policy text published by the Center for Liberal Studies (KEFIM) and signed by former MP and ASEP adviser Panagiotis Karkatsoulis.

‘The law on ministerial responsibility in Greece is already introduced with the Constitution In 1864 and reaches the present day, however, the current regulation is probably causing more problems than it solves, ”commented KEFIM.

The basic conclusions of the study are as follows, according to a press release

  • “The constitutional provision for the criminal responsibility of the ministers is already found in the Constitution of 1864, following other European regiments with similar arrangements. Since then, this provision remains stable and generally accepted.
  • The House, the predominantly institutionalized political body aimed at exercising the legislative function, cannot be transformed into a judicial authority. Experience with examinations and preliminary committees with the parallel findings of the parties is indicative of its inability to replace the judicial function.
  • The wording of Article 86 of the Constitution covers any criminal punishment by ministers “in the exercise of their duties” and not just those linked to a minister’s function. If one adds to this arrangement and the fact that the criminal act of a dedicated regime is limited to a short time, whose duration can be limited in a few weeks, the regulation eventually creates more problems than it is supposed to solve.
  • Greece is one of the EU countries, in which the referral of the minister is decided by the House. The House provides the prosecution permit, that is, it decides to remove its immunity.
  • In many European countries the jurisdiction of the ministerial responsibility is assigned to special court. The difference is that only senior judges are involved in Greece in the Special Court, while in the courts of other European countries (Denmark, Finland, France, Iceland, Norway, Poland), in addition to judges, and parliamentary members. “

KEFIM, however, does not remain only in the findings, but also proceeds to proposals: In particular, the revision of Article 86 of the Constitution and the Executive Law 3126/2003 in the “double direction of the delimitation of the offenses for which the constitutional provision can be activated and the constitutional provision and the constitutional provision of the constitution and the constitutional provision can be activated. Ethics codes of the government and parties, as well as the rules of the ministers’ accountability. “

In conclusion, KEFIME General Manager Nikos Robapas made the following statement: ‘The institutional framework of ministers’ responsibility It must be changed to make it clear that the relevant arrangements serve transparency and good governance rather than small -party political management needs. The revision of Article 86 of the Constitution so that the special regime only covers the acts linked to the function of a Minister and the abolition of the mediation role of the House is necessary to strengthen transparency and to ensure equity between Greek citizens. “