REPORTS
The systematic exclusion of judicial associations from legislative proceedings in matters of justice
During the last year, the Ministry of Justice has drafted or submitted to Parliament for a vote, a series of laws related to the functioning of the justice system as well as legislation that affects the professional life of judges and prosecutors. (changes in the framework of the National School of Judges, changes in the Code of Civil Procedure, a new code for the organization of courts, etc.). However, judicial associations seem to have been systematically excluded from the legislative process (from participation in legislative committees, and any substantial participation in the formulation of legislative changes, etc.).
In a series of official complaints, the Union of Judges and Prosecutors (see 1, 2, 3, 4, 5) highlights this practice of the Ministry of Justice, pointing out the problems it creates and expressing its concerns about the consequences of this institutional insult and the consequent reduction of the prestige of the justice system by the Minister of Justice. For this reason, in March 2021, the union sent letters to inform the Prime Minister and the leaders of the parliamentary parties and submitted a written report to the European Union of Judges, requesting their intervention.
Following this, the President of the European Union of Judges sent a letter to the Minister of Justice, in which he called on the Greek Government to include the judicial associations in the legislative process, stating that the country does not comply with some basic principles of good legislation, (e.g. excessive use of a hasty and urgent legislative process, lack of stakeholder consultation and the lack of improvement in the content and quality of the legislative process) which may raise doubts as to their observance of the rule of law, and indeed constitute a violation of the rule of law.
Responding to the letter, the Minister of Justice denied that judicial associations had been excluded from the drafting procedures, stating that the information that had been provided to them was not accurate.
Informed of the above answer by the media (and not by the Minister himself), the Union of Judges and Prosecutors asked for the issue of the state of the justice system in Greece to be raised at the General Assembly of the European Union of Judges, after setting out in more detail the behavior of the Minister of Justice towards the Judges and the Prosecutors of Greece. In a resolution, the European Union of Judges (see 1, 2) condemned the practice of excluding judicial associations and called on the Greek Government to ensure the immediate and effective participation of these associations in the legislative process as, “if legal reforms touch upon the core issues of the professional status of judges and prosecutors – such as promotion, evaluation and disciplinary control –, we consider it to be the legal duty of any member state of the European Union formally to involve professional associations of judges and prosecutors in the legislative process. Failure to comply with these basic standards within a legislative process may thus be regarded a breach of the principle of the rule of law. This is all the more so as changes in the legal norms on the promotion and evaluation of judges, and even more their disciplinary control, may be a threat to judicial independence.”
The obligation of the Greek Government to comply with what is included in the said resolution and the observance of the obligations deriving from the respect of the rule of law, is considered as self-evident by the Vice President of the Association of Judges and Prosecutors.
Shortly after the above condemnation by the European Union of Judges, the media circulated an unfounded claim that the European Union of Judges expelled the Greek Association of Judges and Prosecutors from its ranks, because Greek judges carry out political orders, they do not serve the law, and in Greece the rule of law has been overthrown. The Union of Judges and Prosecutors issued a press release in response, stating that the news report must have been based on the resolution of 28-5-2021, which was however, completely distorted by the media, “without adhering to any ethics.”
In a state governed by the rule of law, persons directly affected by a proposed legislative change should be able to formally express their views on the proposed changes to the law and have their concerns heard by the state.
Especially when the proposed legislative changes concern essential issues of the Judiciary, the competent judicial and prosecutorial associations should be formally and without exception involved in the relevant drafting procedures. This participation is considered necessary especially in cases where the legislative changes concern critical issues that affect the professional status of judicial and prosecutorial officials.
However, the Greek Government does not seem to be effectively ensuring this requirement of the rule of law, since, according to the Association of Judges and Prosecutors, it is the practice of the Ministry of Justice to exclude the association from the respective legislative procedures.
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