The Plenum of the Supreme Court unanimously issued an opinion on January 24, 2022, following a Petition of the President of the Republic, that the Law passed by the House of Representatives, following a Proposed Law, entitled 'The Public Service (Greek Language Requirement in Draft Service Positions) Law of 2021' is held to be unconstitutional in its entirety because it constitutes an impermissible interference by the House of Representatives in the executive power exercised by the Council of Ministers.
In particular, the Supreme Court agreed with the position of the Attorney General of the Republic that the Law in question, which provides for the level of knowledge of a foreign language in a Service Plan and repeals the Public Service (Greek Language Requirement in Service Plans for Certain Positions) Law of 1999, is contrary to or inconsistent with the provisions of Articles 54(a) and (d) and 61 of the Constitution and the Principle of Separation of Powers.
Specifically, the Petitioned Law violates the provisions which provide that the Council of Ministers, in the exercise of its executive power, inter alia, has the general direction and control of the governance of the Republic which is directly related to the preparation of relevant Service Plans, the direction of general policy, as well as the coordination and supervision of all public services. It also infringes the principle of the separation of powers, since the legislative power interferes in the area of competence of the executive power, since it deprives the executive power of the exclusive competence to exercise general direction and control of the governance of the Republic for the purpose of successfully carrying out the administrative task.
The Attorney General of the Republic was represented by the Senior Advocate of the Republic, Ms Lambrini Lambrou-Usta.
(MΛ)
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