“The aim of the revision proposal is the establishment of a modern and functional democracy, with even greater accountability that will consolidate citizens’ trust in the state and its institutions, through a rational and modern Constitution,” state the New Democracy MPs in their proposal.
Detailed proposal submitted to Parliament by the governmental majority for Constitutional Revision, signed by the entire Parliamentary Group of New Democracy.
EXPLANATORY REPORT
On the proposal of the President and the MPs of the Parliamentary Group of New Democracy for the revision of provisions of the Constitution in accordance with Articles 110 of the Constitution and 119 of the Standing Orders of Parliament.
A. GENERAL PART: THE IDENTITY OF THE REVISION PROPOSAL
More than fifty years after the Constitution of 1975, a series of fundamental demands of Greek constitutional history — from free elections and the consolidation of popular sovereignty to the protection of individual rights and the observance of the constitutional revision procedure — have shaped the constitutional acquis. At the same time, the 1975 Constitution has proven, on the one hand, remarkably forward-looking, incorporating into its text the precepts of 21st-century European constitutionalism — from the protection of the natural and cultural environment to the prospect of European unification — and, on the other hand, exceptionally resilient and adaptable. The four revisions, as well as the case law that has given it new dynamism, have contributed decisively to this.
Nevertheless, contemporary challenges and the constantly increasing interaction with the international and EU legal order call for a drastic and substantive revision. In this direction, New Democracy had already presented a comprehensive plan in 2018. The experience of recent years has highlighted a series of issues for which revision of the Constitution is necessary. Among these, the following deserve particular mention: the procedure for investigating the criminal liability of members of the Government and Deputy Ministers, so as to strengthen guarantees of impartial judgment through the expanded participation of the judiciary; the universal establishment of evaluation in the public sector and the functional redefinition of the concept of permanence for public employees in order to reward merit and efficiency in the public sector; and the unifying role of the President of the Republic, above and beyond party oppositions, through the establishment of a single but longer term of office.
Moreover, even where the ordinary legislator has been able in recent years to take substantial steps toward adaptation to contemporary needs, the Constitution sets limits. Yes, for the first time, the Plena of the Supreme Courts express an opinion on the selection of their leadership, but the decisive competence remains, under the Constitution, with the Government. Yes, the evolution of European law has allowed the legislator to provide for the establishment of non-state universities, but only in the form of branches of foreign universities, thus limiting the potential for Greece to become an international educational center.
And, of course, there is a need to incorporate the case-law acquis of international human rights protection, particularly the expansion of the protective scope of property to include patrimonial rights.
Beyond these specific issues, the revision proposal aims to intervene for the improvement of provisions where the existing constitutional text does not respond effectively to today’s needs, particularly:
- The need to incorporate contemporary technological data and the management of the major challenges of artificial intelligence.
- The existential threat of the climate crisis.
- The current risks to the social state, through the safeguarding of affordable housing and the recognition of the importance of intergenerational justice and solidarity in the design of every public policy.
- The challenge of a modern spatial planning as an expression of dynamic urban planning.
- The safeguarding of the rights of future generations.
- The necessary fiscal balance and sustainability, and tax and investment stability.
- Rational governmental operation and good law-making, which have indeed been consolidated in the practice of recent years.
- The upgrading of the role of the MP for the substantive fulfillment of his institutional role as a representative of the nation.
- The transparent and effective operation of public administration.
- The strengthening of judicial independence through greater participation of the judicial officers themselves in the selection of the leadership of the judiciary, as well as the faster administration of justice in the service of citizens’ rights.
- A modern local government that will perform its role of substantive representation of the interests of all citizens and all regions of the country.
- The need for genuine regional convergence, based on the principles of the social market economy and the development of all sectors of the economy, especially the primary sector.
- The democratic functioning of parties to link politics with society.
- The removal of detailed provisions that are not appropriate for an inherently abstract constitutional text.
The revision proposal also contributes at the level of the values of universal Hellenism. Through the recognition of the Greek flag as a timeless symbol of the nation, and through the establishment of special care for the protection and promotion of the Greek language as the bearer of Greek culture and national heritage, as well as a living bond with Greeks everywhere, following the recognition by UNESCO of 9 February as World Greek Language Day.
The aim of the revision proposal is, ultimately, the establishment of a modern and functional democracy, with even greater accountability that will consolidate citizens’ trust in the state and its institutions, through a rational and modern Constitution.
The present proposal was formulated after thorough consultation within the Parliamentary Group of New Democracy that took place during the last four months. The proposals made during this consultation were not limited to a simple specification and supplementation of the initial thoughts but, moreover, highlighted further themes and challenges that deserve to be enshrined in our constitutional charter.
Thus, today, as a basis for further discussion, a body of constitutional provisions is formed that are deemed necessary to be revised.
These provisions are listed below (under B), together with the proposed direction of the revision.
B. SPECIFIC PROVISIONS FOR REVISION
- Article 5 or Article 5A or new Article 5B
◦ Artificial intelligence must serve the freedom of the individual and the well-being of society so that risks are mitigated and the advantages it offers are utilized. - Articles 14, 15
◦ Expansion of the protection of freedom of expression to modern media and removal of detailed formulations that do not suit a Constitution.
◦ Protection of the journalist also vis-à-vis his employer. - Article 16
◦ State care for the protection and promotion of the Greek language.
◦ Protection of the Greek flag as a symbol of the Greek nation.
◦ Possibility of providing higher education by legal entities of university education that may be of public or private character with full self-administration, under the supervision of the State and under the condition of ensuring a high level of studies provided. - Article 17
◦ Protection not only of ownership but of property.
◦ Compensation for restriction of use without expropriation.
◦ Possibility of transfer of building coefficient (dynamic urban planning).
◦ Utilization of abandoned buildings for social purposes. - Article 21
◦ State care for affordable housing.
◦ Taking into account intergenerational justice and solidarity in the design of public policies. - Article 24
Taking of measures for addressing the phenomenon of climate change, the effective management of water resources, the strengthening of renewable energy sources, the establishment of environmental balance in every state intervention, and the protection of animals. - Article 29
◦ Parties shall take into account principles of democratic functioning.
◦ Law shall define the conditions for the establishment and operation of a political party.
◦ The Supreme Special Court of Article 100 shall control the fulfillment of the conditions for the participation of a political party in elections. - Article 30 paragraphs 1, 5
◦ A six-year term for the President of the Republic. - Article 41 paragraphs 2, 5
◦ Abolition of the dissolution of Parliament for a matter of exceptional national importance.
◦ Dissolution upon proposal of the Government and decision of Parliament for the renewal of the popular mandate (self-dissolution of Parliament). - Article 44 paragraph 2
◦ Introduction of rules for the proper conduct of referendums: The question must be formulated in a clear and comprehensible manner for citizens. Between the proclamation and the conduct of the referendum, a sufficient period of at least twenty days must intervene. - Article 47 paragraphs 3, 4
Abolition of the possibility of granting amnesty for political crimes. - Article 51 paragraph 4
◦ Possibility of exercising the electoral right by postal vote also for voters within the Territory. - Article 54 paragraphs 1, 3
◦ The electoral system must ensure reasonable proportionality and governability of the country.
By law it may be provided that the territory is divided into smaller and larger constituencies. - Articles 56, 57
◦ Transfer to law of the detailed list of incompatibilities and disqualifications. Establishment of general principles in the Constitution and authorization of law for application from subsequent elections or immediately with a two-thirds majority. - Article 60
Fortification of the institutional role of the MP in the exercise of his legislative and oversight competence and in his communication with his electoral constituency, in accordance with the Constitution and the Standing Orders of Parliament, and the corresponding obligation of members of the Government to respond to parliamentary control. - Article 73 paragraph 1
◦ Constitutional establishment of principles of good law-making: sufficient pre-legislative consultation, evaluation of the application of the law, and measures for codification of legislation. - Article 77 paragraph 3
◦ Possibility of referral of issues of unconstitutionality of a law after its adoption and before its publication by the President of the Republic, the Prime Minister, or Parliament to the Supreme Special Court.
◦ The President of the Republic may refer up to one adopted bill per parliamentary session. For referral by Parliament, a request by the absolute majority of the total number of MPs is required.
◦ Adopted bills under Articles 51 and 54 shall be mandatorily referred to the Supreme Special Court before their publication.
◦ Until the issuance of the decision of the Supreme Special Court, the publication of the law is suspended. - Article 78 paragraphs 2, 6
◦ No tax or any other financial burden may be imposed by a law with retroactive effect.
◦ Incentives may be provided for a stable tax regime for private investments strategic for the national economy. - Article 79
◦ The budget must ensure sustainable fiscal operation.
◦ Obligation to submit and publish an annual report by entities financed, directly or indirectly, by the state budget. - Article 81 paragraph 2
◦ Possibility of redefinition by law adopted with increased majority of the incompatibilities of the office of Minister and Deputy Minister with other positions or capacities.
◦ Possibility of appointment of Vice-Presidents of the Council of Ministers and non-ministers. - Article 82
◦ Annual approval of the Unified Plan of Governmental Policy for the following year, which is publicized and discussed in a special session of the Plenum of Parliament. - Article 86
◦ Conduct of inquiry, preliminary inquiry, or preliminary examination by a Court of Appeal Prosecutor and proposal for prosecution by a supreme judicial body.
◦ Abolition of the transmission of any evidence “without delay” to Parliament, as well as of Parliament’s competence to conduct a preliminary examination.
◦ Prosecution for criminal offenses committed by members of the Government or Deputy Ministers in the exercise of their duties, by decision of Parliament with the absolute majority of the total number of MPs, by roll-call vote. - Article 89
◦ Assignment of special administrative duties to judicial officers is permitted by decision of Parliament, as provided by law.
◦ Their participation in any capacity in the Government or their appointment to independent authorities for at least three years after their retirement is not permitted. - Article 90 paragraph 5
◦ Promotions to positions of supreme judges by a special parliamentary committee, without governmental intervention, from a list of three judges for each position proposed by the respective plena. - Article 97
◦ Abolition of the special provision regarding the trial of political crimes by mixed jury courts. - Article 99
◦ Abolition of the Court of Claims for Judicial Misconduct and assignment of the relevant competences to the Supreme Special Court. - Article 100
◦ Provision of the competence of the Supreme Special Court for preventive control of constitutionality for an adopted bill under Article 77 paragraph 3.
◦ A decision on the constitutionality of an adopted bill binds all courts in the control of constitutionality.
◦ Composition of the Supreme Special Court by the Presidents of the Council of State, the Areios Pagos, and the Court of Audit, by two State Councilors and two Areopagites appointed as members by lot every three years, and by two regular professors of legal subjects from the law schools of the universities of the Country, appointed as members by lot every three years. The Court is presided over by the most senior of the Presidents of the Council of State and the Areios Pagos. - Article 101 paragraphs 3, 5
Abolition of the presumption of competence in favor of decentralized administrations.
◦ The application of the decentralized system may be carried out with the existence of a decentralized state structure and/or with the existence of decentralized services of ministries and other public sector entities.
◦ State care for the support of the primary sector and the development of the Greek periphery, so as to ensure equal access to public goods throughout the territory.
◦ Principles of good administration, transparency, accountability, and meritocracy. Constitutional establishment of a National Transparency Authority. - Article 101A
Selection of Presidents and Members of independent authorities by a parliamentary committee from a list of three candidates proposed by an Expert Council after a public call for expression of interest. The Council includes ex officio the Governor of the National Transparency Authority, the President of the Supreme Council for Personnel Selection, the Governor of the Bank of Greece, the President of the collective body of the country’s public universities, and the head of the collective body representing first- or second-level local authorities. - Article 102
◦ Law shall determine the levels of local government, which shall be up to two (2).
By decisions of the competent bodies of Local Government Organizations, local or special taxes or charges of any nature may be imposed (fiscal decentralization).
◦ Budgets of Local Government Organizations shall be drawn up after sufficient public consultation with the residents of the relevant areas and must ensure fiscal balance.
◦ Disciplinary penalties of suspension/dismissal for elected bodies of Local Government Organizations shall be imposed by decision of the Supreme Special Court. - Article 103
◦ Obligation to evaluate public employees based on the principles of impartiality, neutrality, professional competence, and efficiency, with the possibility of participation also by the Supreme Council for Personnel Selection.
◦ Evaluation shall be bidirectional, i.e., also from subordinates to their superiors.
◦ Law shall define the evaluation procedure, the criteria, the rewards beyond basic salary linked to qualifications and performance, and the consequences it may entail, including definitive dismissal, following a decision of the service council. - Article 118
◦ Transitional provision regarding the application of the revised paragraphs 1 and 5 of Article 30 with respect to the incumbent President of the Republic.
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