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 the evening of October 25, 2019, the Ministry of Foreign Affairs posted a bill on the public consultation website, accompanied by an explanatory memorandum, concerning “Urgent arrangements for the withdrawal of the United Kingdom from the European Union.” According to the ministry announcement, the consultation lasted until the morning of November 1st. This means that the Minister of Foreign Affairs, Miltiadis Varvitsiotis, violated the rules of good legislation, since the public consultation on his bill lasted much less than the legally required minimum period of one week. With this unlawful practice, the government deprived citizens of even the minimum period provided for by law to express their views on the legislation in question.
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 Foreign Affairs did not apply the rules regarding the length of the consultation process, limiting the ability of citizens to express their views on the proposed legislation.
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