REPORTS
Member of Parliament summoned for questioning without the legally required prior permission of the Parliament
Articles 61 and 62 of the Constitution set out the legal responsibilities and immunity from prosecution of Members of Parliament. Article 83 of the Rules of Procedure of the Parliament sets out the procedure to be followed for Parliament to grant permission for the immunity of an MP to be lifted so that a prosecution can be subsequently pursued. Circular 4/2012 from the Prosecutor’s Office of the Supreme Court specifies, “Any investigative act necessary to verify a crime is permitted, except for those acts that affect the person of the MP (e.g. they may not be called in for questioning).”
In November 2021, SYRIZA MP Pavlos Polakis, announced that he had been summoned for questioning by investigators from the ‘Department for the Protection of the State and the Democratic Regime’ following a lawsuit filed against him. However, in accordance with the provisions of the Constitution and the law, the permission of Parliament should have been sought prior to summoning the MP. For this reason, a report was sent to the Speaker of Parliament and the Prosecutor of the Supreme Court, so that the necessary steps could be taken to revoke the unlawful and unconstitutional summons and to preserve the constitutional order. Subsequently, the Prosecutor’s Office announced that the summons had been issued in error and had been withdrawn.
However, as SYRIZA stated in a later announcement, the ‘erroneous’ violation of a fundamental provision of the Constitution raises deep concerns and questions. Pavlos Polakis has sent a report to the Prosecutor of the Supreme Court calling on them to investigate and resolve the issue (see 1 and 2). According to reports in the press, the Prosecutor of the Supreme Court has requested copies of documents relating to the case from the Prosecutor’s Office.
Judicial and prosecutorial authorities must be aware of and apply the Constitution and the law. The questioning and prosecution of MPs for criminal offenses during their parliamentary term is governed by specific rules which are laid out in the Constitution and the Rules of Procedure of the Parliament.
In this context, certain actions by the judicial and prosecutorial authorities require the permission of the Parliament beforehand. In this case, however, a Member of Parliament was summoned for questioning in the context of a criminal case, without the necessary procedure being followed beforehand. Despite the fact that this summons was subsequently withdrawn, concerns and questions remain, as the incident called into question the fundamental rules of democracy.
Bank Account number: 1100 0232 0016 560
IBAN: GR56 0140 1100 1100 0232 0016 560
BIC: CRBAGRAA
In a time where the very foundations of democracy are gradually being eroded by the rise of extreme nationalism, alt-right movements, the spread of disinformation and corporate capture, the efforts of organisations such as Vouliwatch are more relevant than ever.
We rely on the generosity of each and every one of you to continue with our efforts for more transparency and accounta
By financially supporting Vouliwatch you support our litigation strategy, our campaigns for transparency and accountability in the political system, the development of new civic tech tools, our research projects and last but not least our impartial and accurate