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Thodoris Chondrogiannos
Violation of the legislation on public consultation by the Ministry of Health
30 • 09 • 2019

On September 25, 2019, the Ministry of Health posted a ​​bill on the public consultation website. However, the process followed by the government violated the rules of public consultation and good legislation.

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 September 25, 2019, the Ministry of Health posted a bill to the public consultation website, accompanied by an explanatory report. It was entitled “Establishment of a National Public Health Organisation, regulations for tobacco products, and other provisions of the Ministry of Health.”  The consultation lasted until October 2, which means that the government shortened the duration of the public consultation to the minimum legally permissible period of one week.  

Where is the problem with the Rule of Law?

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 Health 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 without providing, as required by law, sufficiently substantiated reasons for doing so.

Thodoris Chondrogiannos
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