An additional provision, announced by the Minister of the Interior, was submitted to Parliament. Makis Voridisin a relationship “blocking” the “Party of Cassidiaris” in the upcoming national elections.

In a noon speech to Parliament, Minister of the Interior Makis Voridis emphasized that “it is inconceivable that a person convicted of leading a criminal organization would pose as a political leader, political leader, political representative, party leader, phenomenon or party leader in disguise.”

The change brought about by the amendment is that the conditions will be reviewed by Department A1 of the Supreme Court, “composed of its President and all of its members, who shall receive or may request appropriate documentation from the competent judicial or other authority’.

What does the government’s amendment include?

In particular, an amendment was made to Parliament regarding the control of the conditions for compiling combinations by Department A1 of the Supreme Court.

An amendment has been made to a bill entitled “Regulations on Local Government Organizations of the First and Second Degrees – Regulations on the Welfare of Pets – Regulations on Human Resources in the Public Sector – Other Ordinances of the Ministry of the Interior and Other Urgent Regulations”, which is being discussed in the plenary session of Parliament on Maundy Tuesday, 04.11.2023.

Specifically, paragraph five of paragraph 1 of article 32 p.d. 26/2012 (A’57) amended by adding the phrase “composed of its president and all of its members who receive or may request appropriate documentation from the competent judicial or other authorities, as the case may be.” and paragraph 1 is worded as follows:

“1. Either combinations of candidates from the same party, or combinations of a coalition of more than one cooperating party, or coalitions of independent candidates, or individual candidates take part in parliamentary elections. In order to constitute a combination in the aggregate, the following conditions must be met:

a) The party must be legally established.

b) The President, the General Secretary, the members of the steering committee, the legal representative and the de facto leadership of the party have not been sentenced to any measure of imprisonment for the crimes provided for in chapters 16 of the second book of the Criminal Code. , or in any sentence for offenses under the Military Criminal Code punishable by life imprisonment. The deprivation of the right to make combinations in the present case is applied for the term of the sentence imposed and is calculated from the day following the day of the final conviction. The imposition or non-imposition of a fine or its limitation period does not affect the calculation of the above time period. In the context of this article, real leadership means that a person who is not a person who formally holds the position of president, general secretary, member of the steering committee or legal representative by specific actions, as if exercising party control or actually placing leadership or having a leading political role in relation to the electorate .

c) The organization and activities of the party serve the free functioning of the democratic state.

A decision that the actions of a political party do not serve the free functioning of a democratic state can only take place if the candidates for parliament, founding members or acting president have been convicted to some extent of the crimes under articles 134, 187 and 187A of the Criminal Code of the Russian Federation.

In the case of a coalition of parties, the above conditions must be met for each of the parties included in the coalition.

Compliance with the conditions set forth herein is verified ex officio by Department A1 of the Supreme Court, which includes its President and all its members, which receives or may request the relevant documentation from the appropriate judicial or other authorities, as the case may be. In order to assist his judgment, they have the right to submit a memorandum with documentary evidence before the end of the period of paragraph 1 of Article 34:

i) political parties and coalitions of parties that elected representatives to the Greek Parliament in the last general parliamentary elections from associations of the same party or coalition,

ii) political parties and coalitions that have elected representatives in the last elections to elect Greek representatives to the European Parliament.

Department A1 of the Supreme Court, in the event of an ex officio audit or presentation of memorandums with documentary evidence on these issues, invites the audited party to take note in any appropriate way and submit a memorandum with its opinion.

As stated in the Analysis of Regulatory Consequences, with the proposed regulation, control over the fulfillment of the conditions of paragraph 1 of article 32 of the clause. Law 26/2012 (A’57), concerning the right of association, is amended in the latest wording of Law 5019/2023 (A’27) on two separate points. On the one hand, the above control is assigned to the judiciary with increased guarantees of impartiality and impartiality of judgment. In particular, compliance with these conditions is verified ex officio by Department A1 of the Supreme Court, which consists of its President and all its members (in accordance with the provisions of the decisions of the Plenum of the Supreme Court on the formation of departments and the distribution of members of the Supreme Court among them in accordance with paragraph 4 of Article 27 Code of Organization of Courts and Status of Bailiffs, Law 4938/2022, A’ 109). On the other hand, in order to increase the completeness, efficiency and usefulness of the relevant audit, which is carried out ex officio, it is expressly provided that the relevant Department receives or may request the relevant documentation from the competent judicial or other authorities as the case may be.

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