European Union of Judges: Violation of the Rule of Law by Mitsotakis and Tsiaras

The government is calling for the immediate lifting of the exclusion of judges and prosecutors from the legislative process regarding the judiciary and its professional status.

In a statement, the Association of Judges and Prosecutors publishes the unanimous resolution of condemnation the Ministry of Justice's decision to exclude the judicial associations, which was carried out by the European Union of Judges on Friday, May 28, 2021, at its annual General Meeting, with participation of representatives from 33 countries.

One One of the main issues regarding the independence of the judiciary that was discussed was the situation in Greece as it has evolved following the Ministry of Justice’s strategic decision to exclude the Judicial Associations from all committees concerning the judiciary and judicial officials. «We have presented detailed, specific evidence that substantiates our claims,» the relevant statement emphasizes. «European judges consider a threat to judicial independence and the rule of law; the policy pursued by the Minister of Justice on this specific issue and call on the Greek government to comply with its obligations. The resolution adopted by the European Union of Judges was unanimous and fully vindicates our Association’s positions. It is now called upon to the Prime Minister of the country, to whom we are communicating the resolution, to take all necessary steps to restore the Ministry of Justice to the fundamental principles of the rule of law »so that we can avoid international condemnation of the country in the future," the statement emphasizes.

The Resolution of the European Union of Judges:

«The rule of law is a fundamental founding principle of the Treaty on European Union (Article 2 of the Treaty). Therefore, when legislative changes are proposed that concern essential aspects of the status of judges and prosecutors—such as promotion, evaluation, and disciplinary oversight—we consider it a legal obligation of every Member State of the European Union to formally include judicial associations in the legislative process. A Member State’s failure to comply with these fundamental principles may be considered a violation of the principle of the rule of law. This is all the more true when legislative changes concerning the promotion and evaluation of judicial officers—and in particular their disciplinary oversight—may pose a threat to judicial independence.

The European Union of Judges, calls on the Greek Government to ensure, effectively and immediately, that the associations of judges and prosecutors in Greece participate, without exception, in every legislative process taking place in anticipation oflegislative changes concerning the judiciary and, in particular, the professional status of judges and prosecutors.».

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