Floridis’ Controversial Bill: Restricting the Right to Defense in the Name of “Investigation Protection”?

Outcry from ineligible professionals implicit projected instrumentality limiting defendants’ entree to lawsuit files – The Ministry cites EU compliance

A large backlash has erupted successful Greece’s ineligible assemblage over a proviso successful the new draught measure from the Ministry of Justice, led by Minister Giorgos Floridis, which would let authorities to block defendants and their lawyers from accessing cardinal parts of the lawsuit file—if deemed “necessary.”

According to the highly arguable Article 18, entree to definite documents oregon grounds whitethorn be denied on grounds specified as protecting the investigation, witness safety, or national security. Critics reason that this undermines the rule of a just proceedings and dangerously shifts transgression process toward “secret justice.”

The Government’s Position: “This isn’t a Greek invention”

In effect to the uproar, Minister Giorgos Floridis defended the measure, insisting it is not a Greek innovation but rather compliance with EU Directive 2012/13/EU.

Posting connected his idiosyncratic Facebook account, helium noted that similar rules were already successful spot successful Greece from 2014 to 2019, without causing important absorption astatine the time. He besides referenced rulings from the European Court of Human Rights, which admit that access to grounds is not an implicit right and whitethorn beryllium restricted nether definite circumstances.

Floridis further promised that the caller model would include safeguards, specified arsenic the defendant’s right to appeal any denial of entree earlier a judicial council.

Legal Community Reacts: “This brings existent fear”

Despite the government’s reassurances, ineligible experts stay profoundly concerned.

Prominent transgression lawyers reason that implementing the EU directive is optional, not mandatory, and impeach the Ministry of choosing the harshest imaginable version. They fearfulness it could acceptable a dangerous precedent for limiting defence rights successful transgression proceedings.

A wide motion of the ineligible profession’s stance came from Dimitris Vervesos, President of the Athens Bar Association (DSA), who wrote successful a nationalist Facebook post:“I’ve seen a batch successful my career—but this 1 genuinely scares me.”

Many lawyers spot this as grounds for a nationwide ineligible strike, informing that the autumn volition apt be a turbulent play for Greek justice.

What the Provision Says – and Why It’s Raising Alarms

Article 18 of the bill, present nether nationalist consultation, states that prosecutors oregon investigative authorities may deny entree to circumstantial grounds oregon documents if:

• the investigation is astatine risk,
• witnesses whitethorn beryllium endangered,
• or national information concerns arise.

While these reasons whitethorn look legitimate, legal experts warn that successful practice, specified vague connection opens the doorway to arbitrary exclusions—effectively putting defendants astatine a disadvantage, forced to support themselves with partial cognition of the case.

Although the measure allows for appeals, galore successful the ineligible assemblage presumption these safeguards arsenic symbolic alternatively than substantial.

The Key Question: Protection oregon Erosion of Fundamental Rights?

Despite Minister Floridis’ appeals to EU alignment, serious questions remain:

• Who decides what is “necessary”?
• What are the criteria for withholding information?
• Will these exclusions beryllium taxable to existent judicial oversight?

Critics reason that the invocation of European directives serves arsenic a convenient cover, but does not guarantee that the Greek implementation avoids potential maltreatment oregon ineligible overreach.

Ultimately, the statement is not conscionable legal—it’s profoundly organization and democratic. At its halfway lies the question:Does this measure genuinely support the justness process, oregon does it softly dismantle the rule of equality earlier the law?

Source: pagenews.gr

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