The Parliament today launches the constitutional review process, with the formation of the special committee, interventions by political leaders and spearheaded by the proposals of ND for roof, justice and constitutionality control.
The process of the constitutional revision starts today in the Plenum of the Parliament, with the President of the House, Nikitas Kaklamanis, announcing the formation of the envisaged Commission on Constitutional Review, which will consist of 42 members and is expected to have a bipartisan chairmanship.
The timetable for the committee’s work will be set at today’s meeting, with the process estimated to take at least two months and not ruled out extending even into August. At the same time, statements from political leaders, parliamentary representatives and up to 15 MPs are expected.
Housing, property and the environment – New Democracy’s proposals
At the core of the New Democracy proposal are interventions in articles 17 and 24 of the Constitution, aimed at strengthening the protection of property, facilitating housing policy and incorporating new environmental guarantees.
According to the ruling party, although the Constitution protects property, it does not include explicit provisions on property, which is currently covered mainly by international texts. At the same time, it is proposed to constitutionalise the transfer of the building factor, a tool considered crucial for spatial planning, the protection of listed buildings and the better use of private property.
In the field of housing, ND promotes the constitutionalisation of the use of abandoned buildings for social purposes, in a logic linked to the Social Rent programme, through which unused public real estate will be used to produce affordable housing.
The proposals also include the institutionalisation of the environmental balance, so that any intervention with a negative environmental footprint is accompanied by compensatory actions, such as tree planting. At the same time, it is proposed to enshrine in the constitution the promotion of Renewable Energy Sources, as well as a specific reference to the protection of animals.
Constitutionality check – New procedure before the publication of laws
Significant changes are also proposed to the constitutionality check of laws, through the creation of a mechanism of pre-emptive judgment before their publication.
In particular, after a bill is passed but before it is published, the President, the prime minister or an absolute majority of MPs will be able to request the judgment of the Supreme Special Court. The decision of the AED will bind the courts in the future, while the President of the Republic will be able to trigger the procedure once per parliamentary session.
According to the government’s argumentation, this provision is expected to speed up judicial adjudication of constitutionality issues, enhancing legal certainty, protection of citizens’ rights and stability of the investment environment.
The rule of law and ministerial accountability – The institutional cuts
The government proposal includes interventions related to the rule of law, the functioning of institutions and strengthening the independence of the judiciary.
Among these, the change in the way the leadership of the three Supreme Courts is selected is envisaged. Instead of the current procedure through the Council of Ministers, the final selection will be made by a special parliamentary committee, which will select one of the three judges previously nominated by the plenum of the respective court.
Special emphasis is also placed on revising Article 86 on the responsibility of ministers. ND proposes the abolition of the Parliament’s power to conduct preliminary investigations against ministers and deputy ministers, as well as the abolition of the mandatory direct transmission of data concerning political persons to Parliament.
According to the proposed model, the investigation, preliminary inquiry or preliminary examination would be undertaken by an appeal prosecutor, while the proposal for prosecution would come from a supreme judicial body. The cases will only reach Parliament after they have reached sufficient judicial maturity to decide whether or not to initiate criminal prosecution.
