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 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process (see, inter alia, p. 12-13, 67-68); amendments (see, inter alia, p. 4, 18, 63, 70-71, 77-78); the issue of repealed provisions (p. 16 and 35), and even the title of a bill (p. 18-19, 47).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 30 January 2023, a bill entitled, “Submission of the declarations of assets and financial interests,” was put to public consultation by the Ministry of Justice. The draft consisted of 48 articles and, as is clear from its title, regulated issues related to the submission of the declarations of assets and economic interests.
On 15 February 2023, the same bill was submitted to the Parliament, now entitled “Submission of declarations of assets and financial interests – Arrangements for the strengthening of the European Public Prosecutor’s Office”.
In its current form the bill consisted of 56 articles and was divided into Part A (Declarations of assets and financial interests), Part B (Arrangements for the European Public Prosecutor’s Office) and Part C (Entry into force).
Part B (Articles 48-55) contained provisions concerning the European Public Prosecutor’s Office and the organization and functioning of the Office of the European Public Prosecutor. These provisions appear: a) not to have been subject to public consultation prior to their introduction in Parliament; and b) to have diverted from the main subject matter of the bill.
Just one day before the passing of the law, i.e. on 22 February 2023 at 22.20, the amendment 1619/132/22-2-2023, which consisted of 4 articles and regulated issues concerning the staffing of the Office of European Public Prosecutors, the waiver of objections to international commercial arbitration and the term of office of the rectors and deans of the faculties of universities, was submitted by the Ministry of Justice.
On 23 February 2023 the bill was passed. Law 5026/2023 was ultimately titled “Submission of declarations of assets and financial interests – Arrangements for the strengthening of the European Public Prosecutor’s Office – Other urgent arrangements” and consisted of 60 articles.
A number of the principles and rules of good lawmaking do not seem to have been taken into account in the legislative procedure followed in the case of Law No. 5026/2023: the failure to put Part B to public consultation; the filing of an amendment just one day before the adoption of the law; the existence of provisions that are not related to the main subject matter of the law, and the reference to “other urgent regulations” in the title of the law are some of the problematic issues raised.
In a state governed by the rule of law, the Government and the Parliament must create laws in accordance with both the Constitution and the Rules of Procedure of the Parliament, as well as the other rules that have been established to guarantee and promote good and transparent lawmaking practices.
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 5026/2023.
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
