Revolving Doors: From director of the ruling party’s and Prime Minister’s Press Office to President of ERT, the public broadcaster

Immediately after its victory in the 2019 elections, the ND government appointed the journalist Konstantinos Zoulas to the position of Chairman of the ERT Board of Directors, despite the fact that Mr. Zoulas, in the immediate past, held an influential position in the ND party and was a close associate of Prime Minister Kyriakos Mitsotakis. In the absence of a relevant legislative framework in Greek law to address the phenomenon of revolving doors, the above appointment raises questions as to whether ERT can perform its constitutionally guaranteed mission of providing a public broadcasting service, being “independent of political parties” and “public authorities”. 

The problem with revolving doors is that the switch from the private to the public sector and vice versa allows individuals to use the connections and knowledge acquired from their previous position to satisfy personal or private interests that are not in line with those of the public sector.

In the case in question, we note that Mr.Zoulas, before his appointment to ERT, held high-ranking positions both in the party and on the close staff of Prime Minister Kyriakos Mitsotakis, in communication and press roles. We note that the scope of the offices overlapped (communication and media issues in ND, Maximou, ERT), and that there was no cooling-off period between party and public office, as proposed by international organisations (for different periods, such as one year, 18 months or even three years), to ensure that the person appointed or recruited will perform his/her new duties unaffected by his/her previous positions (1, 2, 3, 4). Indeed, the transfer of Mr Zoulas from the party apparatus to the position of President of ERT took place in immediate succession. 

Although Greek law generally provides for measures to avoid conflicts of interest in government offices and high public positions, it does not effectively cover all cases of revolving doors. 

Articles 68-76 of Law 4622/2019 (Government Gazette A ‘133/7.8.2019 as amended by subsequent legislation) regulates incompatibilities for governmental appointments. The law stipulates that for all persons appointed as members of the government and deputy ministers “the exercise of any professional or business activity is automatically suspended.” Members of the government are required to obtain a permit from the Ethics Committee of the National Transparency Authority if they wish to undertake any professional activity related to the area of their work within government within one year of their departure from their post, to avoid conflict of interest. This means that a person can effectively immediately move from the private sector to a public office.

It should also be noted that the report from the Fifth Evaluation Cycle of the Council of Europe’s Group of States against Corruption (GRECO) recommended that ‘the post-employment regime be reviewed in order to assess its adequacy and that it be strengthened by broadening its scope in respect of persons with top executive functions.’ 

However, in the case in question, no legislative framework has been established for the terms and conditions under which persons who have served as members of political parties can be appointed as members of ERT’s administration or take over its presidency. Therefore, no rule of law has been infringed in this case. 

However, that in turn raises the question whether, in the absence of a relevant legislative framework in Greek law, the performance of the mission of the Public Broadcaster is affected by the possibility of appointing to its management persons who have previously held important offices in political parties. 

According to ERT’s general principles of content provision, its radio and television broadcasts, as well as the content of its websites, are governed, inter alia, by the principles of objectivity and completeness of information, pluralism and the free movement of ideas. The above principles contribute to ERT’s declared mission, which is to provide a public broadcasting service in accordance with Article 15 par. 2 of the Constitution and to contribute “to informing the Greek people”, as well as “to ensure pluralism, independent transmission of information and news”, so that it “is independent of the State, all public or private authorities and political parties” and “prepares” and “broadcasts its broadcasting and web content, subject only to the relevant provisions of the Constitution and the legislation”.

In this regard, the question arises as to whether ERT can carry out its above mission “independent of political parties” and “public authorities”, when its chairman comes from high-ranking positions in the party and government that nominated and appointed him as head of the Public Broadcaster. 

We note that Mr. Zoulas has defended his selection as President of ERT, noting, among other things, at the Parliament’s Committee on Institutions and Transparency that he would not have risked his long career in journalism if he had not received the explicit mandate of the Prime Minister, that ERT should finally acquire the role that the Constitution requires of it, namely, the objective and equal transmission of information and news as well as the products of speech and art and the guarantee of the quality level of the programmes imposed by its social mission.