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- Ελληνικά
On Thursday, 23 May 2024, the Plenary of the Supreme Constitutional Court, in a tripartite jurisdiction, upheld the correctness of the decision of the Court of Appeal in an appeal filed by the Attorney General of the Republic, which ruled as lawful the renewal of the term of office of Ms Loukia Christodoulou as Chairperson of the Competition Protection Commission (CPC), for the period from 24 April 2018 to 23 April 2023 (second term of office).
In particular, the Attorney General of the Republic had filed an appeal against the decision of the Administrative Court (first instance decision), in which it was held that the renewal of Ms Christodoulou's term of office in the position of the President of the PSC for the above mentioned period was not in accordance with the Law on Protection of Competition. The Court of Appeal, reversing the decision of the Court of First Instance and upholding the appeal of the Advocate General of the Republic, held that the renewal of Ms Christodoulou's term of office as President of the NCA was lawful. The Petitioners sought and obtained leave from the Supreme Constitutional Court for it to rule, in a third-tier jurisdiction, on the correct interpretation of the legislative provision relating to the constitution of the NPC.
In particular, the Supreme Constitutional Court was concerned as to whether the word "tenure" in the provisions of the Act in question refers to the tenure of a person who has served on the NPC as a member of the NPC, irrespective of the capacity of appointment, either as chairman or as another member, or whether the provisions refer to tenure served in the distinct positions of chairman or other member of the NPC. As the Supreme Constitutional Court held, the Court of Appeal's decision to find that the renewal was lawful was based on correct legal principles as the article at issue "shows that the possibility of renewal, and consequently, the restriction on the possibility of further renewals, relates to the renewal of a term of office in the specific position to which a person is appointed as president or member."
The Court awarded costs in favour of the Republic.
On behalf of the Advocate General of the Republic, the case was conducted by Ms Demetra Kalli, Senior Advocate of the Republic, and Ms Kyriaki Papadopoulou, Advocate of the Republic.
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