REPORTS
Repeated extensions to the deadlines for the submission of asset declarations continues in 2022
The provisions of law 3213/2003 provide specific deadlines for both the submission and the amendment of asset declarations. Failure to meet these deadlines can result in both administrative and criminal sanctions (see Article 1 paragraph 2, Article 2 paragraph 3, Article 6 and Article 19 of law 3213/2003).
Despite this fact, the deadlines have been repeatedly extended in recent years, (see 1, 2.) The practice of extending these deadlines seems to have been followed in 2022 as well. The (unrelated) amendment 1502/15/25-11-2022 (enacted as Article 24 of Law No. 4998/2022) extends the deadline for declarations to be submitted for the year 2022 (financial year 2021).
The regulatory impact analysis accompanying the amendment details that in view of the imminent expiry of the deadline for the submission of the declarations of assets and financial interests, as well as the objective difficulties in the collection of the supporting documents, the extension aims to enable those concerned to collect the necessary documents. The circumvention of the deadlines set by Law 3213/2003 can be seen at the very least as problematic, with the potential for these extensions to become standard.
Specific deadlines end up being merely indicative submission dates, while the penalties provided by law for the late submission or non-submission of declarations become meaningless in the longer term. In any case, these extensions of the submission deadlines greatly affect and delay the auditing of the declarations.
The 2022 annual report of the CIDA Committee, which is responsible for verifying the declarations, states that in the first half of 2022, 398 audits were completed, which accounted for 8.4% of the declarations submitted in 2019 and related to the years 2016 to 2019. The audit of the 2020 returns (fiscal year 2019), which had started in 2021, was completed in 2022. In addition, the auditors – accountants started the audit of 6095 returns for the year 2021 (fiscal year 2020).
The obligation to submit asset declarations aims to enhance transparency and strengthen democracy, and is a key tool in preventing corruption. Law 3213/2003 is the main law that regulates the issue and provides specific deadlines within which the declarations must be submitted.
However, in recent years these deadlines have been repeatedly extended by legislation, circumventing the letter and the spirit of law 3213/2003, and creating delays and obstacles in the submission and verification of asset declarations.
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