REPORTS
Two violations of the legislation on public consultation by the Ministry of Development and Investment
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 11 September 2019, the Ministry of Development and Investment posted the Development Plan to the public consultation website. The consultation lasted until September 17.
On 17 September 2019, the Ministry of Development and Investment posted the draft provisions for the General Commercial Register (GEMI) to the public consultation website. The consultation lasted until September 20..
The provisions for both these issues were ultimately included in law 4635/2019.
In both cases, the Minister of Development and Investment, Adonis Georgiadis, violated the rules of good legislation, since both public consultations lasted less than the minimum period of one week as required by law. With this unlawful practice, the government deprived citizens of even the minimum period required by law to express their views on these issues. The government also failed to post accompanying explanatory memorandums in both cases.
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 Development and Investment did not apply the rules regarding the length of the consultation process, arbitrarily limiting the opportunity for citizens to express their views on the proposed legislation.
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
