ENACTING APPROPRIATE LEGISLATIVE MECHANISMS TO COMBAT CORRUPTION IN GREECE The best deterrent to corruption is the existence and enforcement of appropriate laws and penalties that deter governmental officials from corrupt practices. The increased levels of corruption and the complexity of the methods used to effect such corruption do require a legal framework that permits and encourages thorough investigation and prosecution of corrupt acts. In Greece, until recently the term ‘corruption’ did not appear in any law or legislation but rather offences such as bribery were integrated and dealt with through the wider criminal law jurisprudence. As a result, these offences were treated as misdemeanors rather then serious felonies. To Greece’s credit, it has recently ratified all relevant European Union, OECD and United Nations conventions dealing with corruption and has integrated most of these in its national legislation. Nonetheless, whilst the ratification of anti-corruption legislation has been a step in the right direction further legislative changes are required. Parliamentary Immunity Urgent amendments to existing laws relating to Parliamentary immunity and the ministerial statute of limitation are required. Currently, parliamentary immunity permits politicians to refuse to testify, thus evading any attempt at preliminary investigation, even when they are personally under suspicion. Moreover, the existence of a short statute of limitation period for prosecution of ministers effectively means that no minister can be prosecuted for an offence that occurred during a previously dissolved parliamentary session. At best he can only be named and shamed. The revising of existing laws to retrospectively lift the parliamentary immunity of politicians in regard to charges of corruption is imperative. This will significantly increase the confidence of Greek citizens in their institutions, and in turn, on their own legal compliance. Criminalizing the possession of unexplained wealth A most effective way by a state to deal with corruption is the introduction of laws that criminalize the possession of unexplained wealth and facilitate its confiscation. However, there are potential drawbacks to retrospective changes to legislation especially when these may be perceived as infringing on civil rights. Nonetheless, a reasonable compromise between civil rights and the need to tackle corruption must be sought. To the extent that this can be compatible, Greece must adopt strict laws that criminalize the possession of unexplained wealth by politicians and public servants. To enhance the effectiveness of this provision Greece should consider shifting the burden of proof to the accused. In circumstances were such wealth is disproportionate to the salaries they have been receiving and no legitimate explanation can be produced to explain for such discrepancy then criminal investigations should be initiated and charges laid. Indeed, such wealth and property should be confiscated as the product of illicit enrichment. The fight against corruption, nepotism and clientelism in Greece requires civil engagement, deep institutional and legal reforms, political will, the enforcement of the rule of law and the establishment of a new political and cultural ethos. It requires active, post-partisan Hellenes. HELLENIC DEMOCRATIC INITIATIVE for Hellenism, Transparency and Social Justice
Posted on: Fri, 09 Aug 2013 01:22:17 +0000