SUPPORT US
REPORTS
Thodoris Chondrogiannos 01 • 12 • 2020

Ministry of Education and Religion violates the legislation on public consultation

Thodoris Chondrogiannos
Ministry of Education and Religion violates the legislation on public consultation
01 • 12 • 2020

On November 23, 2020, the Ministry of Education and Religion posted a bill on the public consultation website. However, the process followed by the government violated the rules of public consultation and good legislation.

According to Article 61 paragraphs 2, 3 & 4 of the key transparency law (ν. 4622/2019 – ΦΕΚ Α’ 133/07.08.2019), “consultation on bills is done through the website www.opengov.gr and lasts two weeks,” and only exceptionally can be shortened to one week “for sufficiently substantiated reasons, referred to in the public consultation report accompanying the arrangement” which “is posted on the website where the consultation took place.”

On November 23, 2020, the Ministry of Education and Religion published a bill on the public consultation website entitled,”National System of Vocational Education, Training and Lifelong Learning and other provisions.” The consultation lasted until December 3, meaning that the government shortened the consultation period to less than two weeks..  

Where is the problem with the Rule of Law?

In a state that adheres to the rule of law, the government strictly follows the rules of good legislation, as this presupposes the improvement of legislative work and addresses the negative consequences of bad legislative practices (such as, for example, the multiplicity and incomprehensibility of provisions that have built up over time in Greek legislation). 

Furthermore, the implementation of the rules of good legislation contributes to the consolidation of citizens’ trust in state institutions and the law, as they observe that the government complies with the law, strengthening the democratic principle where citizens and bodies of public power are equal before the law. 

This is even more true of the public consultation process, the establishment of which allows civil society to take an active part in shaping the laws that govern a democratic society. 

However, in this case, the Ministry of Education and Religion did not apply the rules regarding the length of the consultation process, limiting the ability of citizens to express their views on the proposed legislation without providing, as required by law, sufficiently substantiated reasons for doing so.

Thodoris Chondrogiannos
More
Submit a report if you have detected a violation of the rule of law!
SIGNED REPORT VIA DEDICATED FORM ON GOVWATCH
ANONYMOUS REPORT VIA GLOBALEAKS
Support govwatch
DONATE