Four noted Greek constitutional experts commented on the prospect of a referendum, called by PM Alexis Tsipras in the wee hours of Saturday, with somewhat different views emerging, but with all four bemoaning the deadlines for its holding and questioning the question to be asked.

One point that all four agreed on is the fact that the very short time period involved — less than 10 days — to hold a referendum is unreasonable and legally shaky.

A final verdict on the constitutionality of the July 5 referendum will be up to a special elections tribunal, but that will come after its holding on July 5 — assuming it takes place.

Antonis Manitakis

The law professor at Thessaloniki University and former minister says he believes the referendum is legal and not unconstitutional, although his sharp criticism focused elsewhere.

He said the constitution foresees a month’s time, and not days as is the timeline now. He also asked what will transpire if creditors withdraw their proposal, ostensibly the question to be asked by the leftist Greek government.
Additionally, he called the referendum question “divisive and technocratic”.

Michalis Stathopoulos

Stathopoulos, another law professor and former justice minister, called the “Tsipras referendum” unconstitutional and unreasonable.
He stressed that the referendum, as envisioned, violates Article 44 of the Greek constitution.
Stathopoulos reminded that constitutional provisions in Greece do not allow the holding of a referendum for fiscal matters.
“The proposals by our creditors, for which the Greek people will be called on to decide, include tax issues, such as an increase in VAT, taxes etc. A citizen cannot be asked if he wants taxes to be imposed on him, or to extend his retirement age,” Stathopoulos notes.

This is the reasoning behind the constitutional provision on referendums and fiscal matter, he said.

Additionally, he said what’s worse is the issue of unconstitutionality related to the uncertainty and awkwardness of this referendum, if it proceeds. He based his assessment on the fact that the question is based on the conditions proposed by creditors.

“If our partners change their proposals every two days, will Parliament then be called to decide on a new referendum? Or, if they withdraw their proposals, what issue will a Greek citizen be called upon to decide?”

“The government simply decided to transfer the responsibility to the Greek people, without examining the possibility of a ‘no’ by the people in the referendum, which translates into our exodus from the euro zone,” he concluded.

Giorgos Sotirellis

Law professor Giorgos Sotirellis believes the referendum is compatible with the constitution, although he cited significant problems, namely, the question to be asked and the incredibly tight deadlines for its holding.

According to Sotirellis, the referendum is constitutionally necessary.

However, he qualified this by saying:

“Firstly, it is extremely questionable whether there is a final proposal by the European institutions, in the form of a take it or leave it ultimatum … If it is proved, or even stated, that it is a plan open to changes, the government will be constitutionally exposed, because the manner in which the question must be asked should be clear, concise and specific, so that there is no margin of misleading voters…

“Secondly, a constitutionally acceptable but barely sufficient, from an institutional standpoint, holding of such a referendum can in no way be compatible with the very immediate date announced by the prime minister.”

Xenofon Kontiadis

Finally, law expert Xenofon Kontiadis called the referendum unconstitutional, with his chief objections focusing on the very tight deadlines involved and also over what he calls the improper question.

“There’s also a third issue, namely, that it’s against the law to hold a referendum on fiscal issues, based on Article 44 of the constitution.”