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Christiana Stilianidou 04 • 04 • 2023

Failure to advertise a competition to fill the post of the Governor of the National Transparency Authority

Christiana Stilianidou
Failure to advertise a competition to fill the post of the Governor of the National Transparency Authority
04 • 04 • 2023

 In July 2022, the resignation of the Governor of the National Transparency Authority was accepted. By the beginning of April 2023, however, despite the lapse of almost 9 months, no open competition has been announced for the selection of the new Governor of the Authority, which cannot but raise concerns both in terms of legality and feasibility.

Article 90 of law 4622/2019 provides for the manner in which the Governor of the National Transparency Authority is selected/appointed. The legislation states that the selection of the Governor shall take place through an open competition. A decision of the Minister responsible for personnel matters in the public administration, published in the Government Gazette, shall determine the procedure for the call for the competition. The legislation further specifically states that in any case of vacancy of the post of Governor, a new Governor shall be appointed, in accordance with the procedure provided for in this Law, within two (2) months of the vacancy. In case of delay in the selection of the Governor, for the period from the expiry of his term of office until the appointment of his successor or for as long as the Governor is temporarily unable to perform his duties, he shall be replaced by the Head of the Inspection and Control Unit of the Authority.

Where is the problem with the rule of law?

In a state governed by the rule of law, everyone, especially public bodies, must follow both the letter and the spirit of the law, without their actions or omissions leaving room for misinterpretation or suspicion that they are not fulfilling their legal obligations.

Law 4622/2019, and in particular Article 90 thereof, regulates the relevant matters relating to the selection/appointment and duties of the Governor of the National Transparency Authority, who is also the head of that authority. Specific issues related to the announcement and implementation of the competition for the selection of the Governor shall be regulated by a decision of the Minister of Interior.

Christiana Stilianidou
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