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Thodoris Chondrogiannos 25 • 11 • 2019

Violation of the legislation on public consultation by the Ministry of Labour and Social Affairs

Thodoris Chondrogiannos
Violation of the legislation on public consultation by the Ministry of Labour and Social Affairs
25 • 11 • 2019

On November 14, 2019, the Ministry of Labour and Social Affairs posted a bill to 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 14 November 2019, the Ministry of Labour and Social Affairs posted a bill on the public consultation website entitled “Transposition into Greek law of Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs).” The consultation lasted until November 21, 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 Labour and Social 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.

Thodoris Chondrogiannos
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