Eleftheria Paizanou
The relationship between the legislature and the executive is often pushed to the extreme, due to the changes brought about by the first in a series of bills that affect either public finances or the functioning of the state. Interventions are sometimes made for political reasons, usually by opposition parties, through amendments to government bills or through bills tabled by lawmakers, which substantially change the philosophy of the legislation and overturn government plans.
Through the amendments made to the bills, the opposition is trying to bring the legislation into effect, but also to send the message to the respective government that it has the upper hand.
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The differences that are made in the legislations in the Parliament pass -after their voting- from the control of the Legal Service, in order to determine whether they conflict with the constitution and if the European acquis is violated. In these cases, the President of the Republic proceeds with the revision of the laws, ie he returns them back to the Parliament for re-approval with the changes that he deems necessary. If Parliament rejects the referral, then, according to the constitution, the President of the Republic proceeds to refer the law to the Supreme Court. The political tug of war is thus called for to be resolved by the court, which has the final say.
The first in the new Parliament
The last 6 years (previous and current Parliament) referred to the Supreme Court in addition to the 45 laws. During the term of the new Parliament, which took office only last June, two references to laws have already been made, while an appeal to the Supreme Court was registered by the President of the Republic, based on article 139 of the Constitution. By appealing to the Supreme Court, legislative regulations brought about by the House of Representatives through the 2022 budget are being challenged.
We remind you that the majority of the opposition parties proceeded to the approval of an amendment that will terminate the employment of four associates of the PD, who were transformed into permanent employees, when the term of the government expires. At the same time, they put a brake on the increase of the salaries received by the Press Director of the Office of the President, Andreas Iosif, who when he was seconded from RIK, his annual salary increased to € 51 thousand.
President Anastasiadis chose to file an appeal instead of returning part of the budget, as, if he did so and the issue ended up in the Supreme Court, the total budget of 2022 would be frozen for a long time. The appeal was made because the Legal Service considers that the Parliament violates the principle of separation of powers. The court will decide whether there is a conflict of powers, ie whether the Parliament interfered in the powers and responsibilities of the government.
The other two laws mentioned in the Supreme Act concern sales legislation. On July 8, the first act of the new Parliament was to approve a bill suspending sales until October 31. Essentially, the suspension approved by the previous Parliament before its self-dissolution would continue. The sales were suspended from April until the end of July in terms of main houses worth up to € 500 thousand, commercial housing with a turnover of € 2 million and plots of land worth up to € 250 thousand. which was more enlarged, had not been returned, the President of the Republic on July 23 proceeded to the reversal of the bill approved by the new Parliament. In the referral, the President referred to a violation of the principle of separation of powers, the right to contract freely, as well as rights relating to debtors' access to justice. He also pointed out the risks that arose for the banks, for the economy and the finances of the state. Due to the rejection of the referral, the law was reported to the court last August.
The second reference of the law after the parliamentary elections was made on January 19 and concerned the bill of the parties for a universal reduction of VAT from 19% to 9% in electricity. The legislation was approved and reviewed last December. In the petition, the President of the Republic states that the principle of separation of powers is violated, as the responsibilities of the executive power, according to the law of the European Union, are of such a form that they cannot be taken over by the Parliament. In fact, he argues that the Parliament does not have the competence and capacity to assess the impact on the wider obligations of the Republic – based on European law. He also emphasizes that the law affects the financial capabilities of the Republic, since any reversal of the economic balance of the state budget affects the obligations of the executive branch.
The previous Parliament
The other laws referred to in the Supreme Court in 2021 were approved by the previous Parliament. This is an amendment to the Law on Police, which sought to equalize the official position of members of the police who carry out specialized duties and possess specific qualifications or experience, related to the specialized duties of pilot, electrician, engineer, flight attendant electrician or a winch operator with the rank of members of the police who hold a recognized university diploma or title or other equivalent qualification. The law was revoked because the principle of separation of powers is violated, since in violation of the provisions of the constitution, as the court ruled, Parliament undertook to create a new specialty of specialized members of the police.
In its ruling, the court ruled that the law violated the general principle of equality, due to the arbitrarily unequal treatment between those who serve and those who do not serve in the police in order to claim specialized positions.
The other reference concerns the law on Consolidation and Redistribution of Agricultural Lands, in order to revise certain provisions, in order not to create problems of compatibility, legal and procedural nature. Legislation regulates the division of agricultural land. The Parliament, although accepting the referral, approved a new text, which, however, is contrary to the provisions of local plans and policy statements. The law was mentioned last May.
In addition, reference was made to the law on Public Service (Qualification of the Greek Language in Position Service Plans). With the draft law, an attempt was made to upgrade the qualification of very good knowledge of the Greek language, in relation to the requirement of very good knowledge of a foreign language, in order to avoid assimilation of the Greek language with any foreign language. A few days ago, the Supreme Court ruled that the law was unconstitutional, as the Parliament intervenes in the executive power, after removing from the executive power the exclusive competence to exercise the general direction and control of the government of the Republic. In particular, it found that it violates the provisions which provide that the Council of Ministers, in the exercise of its executive power, among others has the general direction and control of the government of the Republic which is directly related to the drafting of similar Service Plans, the direction of general policy , as well as the coordination and supervision of all public services.
Amendments to the Social Security Act
The other four petitions concern an amendment to the Law on Social Insurance. In the first case, the insurance conditions for the granting of an incapacity pension are provided, in order to determine that the average of the insurance must not be less than 0.39 of the insurance unit during the last four completed contribution years and not during the two years in force today. before the year of benefits.
The second piece of legislation concerns the granting of sickness benefit to persons who are temporarily incapable of work but continue to work beyond the age of 63 and are not required to receive the statutory pension.
The third petition concerns the legislation by which persons who have reached the age of 63, are temporarily unemployed and are not required to receive the statutory pension will be entitled to unemployment benefit.
The fourth reference concerns the legislation, according to which the term employee, for social security purposes, must also include employment under a service purchase contract or any other relevant contract, regardless of the characterization attached to such a contract, which is characterized by an employer relationship. -employee, in order for employees to have all the rights and benefits, including the payment of their social insurance, as employees and not as self-employed.
Finally, the Law on Minimum Guaranteed Income was mentioned, so that a person with a disability, who according to the first assessment by the Disability Assessment Committee, which operates within the Disability Assessment System, has been certified with permanent or irreversible disability without the possibility of redress or improvement not to be called upon by that committee to reassess the disability at a later time for any reason.
Most close to the elections
In the previous Parliament (2016-2021), the President of the Republic addressed the Court a total of 43 times. Specifically, it referred to 43 laws, most of which were approved shortly before the end of the term of the previous Parliament. In 2021 he made eleven petitions to the Supreme Court, in 2020 to three and in 2019 to five petitions. In 2018, six reports were made, in 2017, two laws were reported, and in 2016, laws were reported, eight of which were related to the legislation on cravings, and the relevant decisions are pending.
