Evangelos Venizelos commented on the Prime Minister’s words about himself during the discussion of the vote of no confidence brought by SYRIZA.

In particular, Prime Minister Kyriakos Mitsotakis, speaking to the official leader of the opposition, Alexis Tsipras, emphasized: “You fell in love with Mr. Venizelos suddenly, after you hung him on hooks, now you fell in love with him,” and then added: “But Mr. Mr. Venizelos told us that in principle no political figure can be controlled. He was forced to readjust. It’s hard for him, but he must admit that he is not omniscient.”

Having carefully analyzed the legal basis of the provisions of the new Law 5002/22, Ev. Venizelos emphasizes in his post: “The government has joined the position that there is a special constitutional status for politicians for reasons of protecting democracy. The permission of the Speaker of Parliament appears to be regarded by the legislator as a substitute for the permission of Parliament.”

And he adds: “For several months we have heard the political argument that “no one is free from surveillance”, that “everyone is equal before the EMP”, that “the EMP prosecutor decides for everyone, even for PtD”, concluding: “Who stood up whose point of view is a question for any careful reader to assess what has been written on the issue of wiretapping from August 2022 to the present.

Evangelos Venizelos’ message in detail:

“Wiretapping and politicians: what supported and what results in law 5002/202

According to Article 4 par 3 of the recently adopted law 5002/2022, “A request for the declassification of communications for reasons of national security concerning political persons is submitted only by E.Yu.P. and must be based on specific elements that make the threat to national security imminent and highly probable. The request, together with the data accompanying it, is submitted by the commander E.Yu.P. To the President of Parliament to grant appropriate permission within twenty-four (24) hours.

If there is no parliament, permission for the second paragraph is given by the chairman of the last parliament or, if he refuses or is not present, the prime minister. If the request concerns the President of Parliament or if the Parliament is absent from the President of the last Parliament, permission is given by the Prime Minister. Only if this permission is granted, the request can be submitted to the public prosecutor under article 5 par 3 of Law 3649/2008 to continue the procedure. In this case, the President of the Parliament, the President of the previous Parliament or the Prime Minister, as the case may be, does not handle the case.”

This provision introduces special increased guarantees for removing the confidentiality of messages of a political person. The main powers are vested in the Chairman of the Parliament. In addition, the circle of political persons is expanded by paragraph 6 of Article 3 of the same law.

This provision does not fully comply with Articles 61 and 62 of the Constitution, but is an important and long-awaited legislative step. This was my comment when the draft law 5002/2022 was made public.

The government took the position that politicians were given a special constitutional status in order to protect democracy. The permission of the chairman of the parliament seems to be regarded by the legislator as a substitute for the permission of the parliament.

For several months we have been hearing the political argument that “no one is free from surveillance”, that “everyone is equal before the EMP”, that “the EMP prosecutor decides for everyone, even PtD”.

Who is on which side is a question for any attentive reader to assess what has been written on the issue of wiretapping from August 2022 to the present.