Adherence to good lawmaking principles is linked to the rule of law. To ensure the production of good legislation, provisions of the Constitution and the Rules of Procedure of the Parliament regulate individual issues related to the legislative process and set certain rules that must be followed when drafting and submitting a bill or an amendment for voting (see, inter alia, Articles 74, 75 of the Constitution, Articles 85, 87, 88 and 101 and in general Articles 84-123 and 160 of the Rules of Procedure of the Parliament). Furthermore, law 4622/2019 regulates, through Articles 57 to 64, issues of legislative procedure and good legislation.
Based on these general rules and Article 59 paragraph 5 of law 4622/2019, the Manual of Legislative Drafting Methodology, issued in 2020, analyses and specifies the rules that must be observed in the framework of the legislative drafting process. This handbook provides, inter alia, instructions and directions regarding: the public consultation process (see, inter alia, p. 12-13, 67-68); amendments (see, inter alia, p. 4, 18, 63, 70-71, 77-78); the issue of repealed provisions (p. 16 and 35), and even the title of a bill (p. 18-19, 47).
On 19 January 2023, a bill entitled “Arrangements for occupied properties and other provisions for the private property of the State” was put to public consultation by the Ministry of Finance. This draft consisted of 21 articles, which regulated issues relating to the acquisition of occupied State properties, State properties under the management and jurisdiction of the Ministry of Finance and properties under the jurisdiction of the Dodecanese Land Registry.
On February 14th, the bill was submitted to the Parliament for voting, having, however, the title “Arrangements for the acquisition of occupied properties of the private property of the State, properties of the National Defence Fund, other provisions for the private property of the State and other provisions under the responsibility of the Ministry of Finance” and consisting of 33 articles.
Articles 22-32 do not appear to have been subject to public consultation (see also pp. 71-72 of the regulatory impact analysis) and regulate issues related to exemptions from land tax, income tax and VAT, which do not appear to be directly related to the regulations in Part A of the draft law, as is also evident from the addition of the phrase “and other provisions under the jurisdiction of the Ministry of Finance” in the title, in violation of good law making considerations.
On February 22, 2023 at 12:10 pm, amendment 1615/237/22-2-2023 was submitted by the Ministry of Finance, which contained 14 articles and regulated, inter alia, issues related to staffing and compensation, the approval of expenditure for work and maintenance of submarines, the compensation of workers for termination of contract, the out-of-court settlement of debts, and the taxation of seafarers’ wages.
This amendment: a) was tabled on the day the law was passed and therefore after the deadline for submitting amendments had already expired and b) contained provisions regulating many different issues, most of them not related in any way to the objects of the bill introduced for voting (i.e. real estate and private property of the State or taxation), in violation of good law making considerations.
On 21 February 2023 the Standing Committee on Economic Affairs prepared a report to the Hellenic Parliament proposing the acceptance, by majority vote, of the draft law, in its entirety. On 22 February 2023, the draft law was debated in the Plenary of the House of Representatives and Law 5024/2023 was passed, still entitled “Regulations for the acquisition of occupied properties of the private property of the State, properties of the National Defence Fund, other provisions for the private property of the State and other provisions under the jurisdiction of the Ministry of Finance”, but now consisting of 47 articles.
In a state governed by the rule of law, the Government and the Parliament must, in the process of preparing and passing legislation, follow the principles of good lawmaking and apply the rules established to promote and ensure it. This is because good lawmaking is linked to the constitutional principles of transparency and legal certainty, and the application of its rules and principles seek to avoid the phenomena of maladministration and omnibus legislation, which are inconsistent with the principles of the rule of law.
In Greece, however, the violation of these rules of good lawmaking appears to be a long-standing and systematic problem, as highlighted by the legislative journey of Law 5024/2023.
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
