Legislation regarding the

General Commission of the state

CONSTITUTION

Selection of State Prosecutor General by the Council of Ministers

Article 90: Promotion of judicial officers arrow

1. The promotions, appointments, transfers, secondments and transfers of judicial officers are carried out by presidential decree issued following a decision of the Supreme Judicial Council. This is composed of the president of the relevant supreme court and members of the same court who are appointed by lot from among those who have at least two years of service in that court, as prescribed by law. The Supreme Judicial Council of Civil and Criminal Justice also includes the Prosecutor of the Supreme Court, as well as two Deputy Prosecutors of the Supreme Court who are appointed by lot among those who have at least two years of service in the Prosecutor's Office of the Supreme Court, as stipulated by law. The Supreme Judicial Council of the Council of State and the Administrative Justice Council also includes the Commissioner General of the State, who serves on them, for matters concerning the judicial officers of the regular administrative courts and the General Commission. The Supreme Judicial Council of the Court of Audit also includes the Commissioner General of the State, who serves on it.

The Supreme Judicial Council also includes, without a vote, two judicial officers of the branch to which the service changes concern, of at least the rank of appellate judge or equivalent, who are selected by lot, as prescribed by law.

2. The council of paragraph 1 is formed with an increased composition, as prescribed by law, when it judges on promotions to the positions of State Counselors, Areopagitas, Deputy Prosecutors of the Supreme Court, Counselors of the Court of Audit, Presidents of Appeals and Prosecutors of Appeals, as well as for the selection of members of the General Committees of the administrative courts and the Court of Audit. Otherwise, the provisions of paragraph 1 apply in this case as well.

3. If the Minister of Justice disagrees with the judgment of the Supreme Judicial Council, he may refer the matter to the plenary session of the relevant Supreme Court, as provided by law. The judicial officer to whom the judgment concerns also has the right to appeal, under the conditions set by law. During the plenary session of the relevant supreme court as a second-instance supreme judicial council, the provisions of subsections three to six of paragraph 1 shall apply. In the plenary session of the Supreme Court, in the cases of the previous subsection, the members of the Supreme Court Prosecutor's Office shall also participate with a vote.

4. The decisions of the plenary session as a second-instance Supreme Judicial Council on the matter referred to it, as well as the decisions of the Supreme Judicial Council with which the Minister did not disagree, are binding on him.

5. Promotions to the positions of president and vice-president of the Council of State, the Supreme Court and the Court of Audit are made by presidential decree issued upon a proposal from the Council of Ministers, with selection among the members of the respective supreme court, as prescribed by law. Promotion to the position of prosecutor of the Supreme Court shall be carried out by a similar decree, with a selection among the members of the Supreme Court and its deputy prosecutors, as prescribed by law. Promotion to the position of general commissioner of the Court of Audit shall be carried out by a similar decree, with a selection among the members of the Court of Audit and the corresponding General Commission, as prescribed by law. Promotion to the positions of general commissioner of administrative courts is carried out by a similar decree, with a selection among the members of the respective General Commission and the presidents of appeals of administrative courts, as prescribed by law.

The term of office of the President of the Council of State, the Supreme Court and the Court of Audit, as well as the Prosecutor of the Supreme Court and the General Commissioners of the administrative courts and the Court of Audit cannot be longer than four years even if the judicial officer holding the position is not subject to the age limit. Any remaining time until reaching the age limit is considered actual pensionable service, as defined by law.

6. Decisions or acts under the provisions of this article may not be appealed to the Council of State.

L. 5026/2023

Póthen Ésches

Article 29: Order of the Commissioner General for the conduct of an asset audit arrow

3. The General Commissioner of the State at the Court of Audit may, following a complaint or ex officio, order the conduct of an audit of the D.P.K. debtors or categories of debtors by the bodies of article 27, in order to determine whether there is an unjustified financial benefit.

4. The conduct of the above audit may be assigned to a special team consisting of judicial officers of the General Commissioner of the State at the Court of Audit, who are appointed by the General Commissioner. For the implementation of the first paragraph, the organizational chart of the organic positions of the General State Commission is restructured and three (3) positions of PE employees and one (1) position of DE employee are transferred to it from the organizational chart of the Court of Audit.

5. The Minister of Justice and the Minister of Citizen Protection forward to the General Commissioner of the State at the Court of Audit named complaints against specific persons liable to submit a D.P.K. and D.O.S., which are submitted directly to them by any natural or legal person or by independent authorities or by audit bodies of the public administration or when in any way information against them is made public, in order for him to exercise his competence under paragraphs 3 and 4.

Article 43: Request for imputation for unjustified material benefit arrow

A sum of money up to the value of the property acquired by the person subject to the audit is charged to him or his minor child, provided that the origin of the property benefit is not justified. The imputation is made in favor of the State by the competent department of the Court of Auditors in accordance with articles 118 to 129 of Law 4700/2020 (A’ 127). The imputation is excluded if the asset has been confiscated in accordance with article 33 on confiscation.

L. 4938/2022

Rensponsibilities

Article 37: Legal nature of the General Commission of the State at the Court of Audit arrow

The General Commission of the State at the Court of Audit is a supreme, independent judicial authority, which acts unitedly and indivisible. It participates in the exercise of the judicial and advisory function of the Court of Audit, contributing to the observance of the principles of fair trial.

Article 39: Responsibilities of the Commissioner General arrow

1. Without prejudice to the organic law and the procedure of the Court of Auditors, the General Commissioner of the State: a) Attends, in the public interest, the public meetings of the Plenary and the judicial Chambers and participates in the meetings of the Audit Chambers of the Court of Auditors., b) files applications for attribution in cases of: ba) civil liability of political and military public servants, as well as employees of local government organizations of first and second degree and other legal entities under public law, bb) possession of an unlawful property benefit, bg) against any other natural or legal person, as defined by law, c) convenes and directs the Plenary Session of the General Commission of the State, d) cooperates with national, EU and international agencies to combat corruption, e) establishes working groups of members and/or employees of the General Commission to work on issues aimed at the smooth functioning of the, f) exercises any other authority assigned to him by the applicable provisions.

Article 84: Appointment-Promotions of the judicial officers of the General Commissariat of the State arrow

1. Graduates of the National Audit Office shall be appointed to the positions of probationary rapporteurs of the General State Committee at the Court of Audit. Article 82 and paragraphs 1, 2 and 3 of article 83 shall apply accordingly.

2.A rapporteur of the General State Commission who has at least seven (7) years of service in this rank, including his time as a probationary rapporteur, is promoted to the position of Councilor of the General State Commission by election..

3. A member of the General Commissioner's Office who has at least five (5) years of service in this rank is promoted to Deputy State Commissioner by absolute election.

4. Until the organic positions of the members and deputy commissioners of the General Commission of the State are filled: a) two (2) vacant positions of members of the Court of Auditors shall be filled by appointment by members of the Court of Auditors or rapporteurs who have at least seven (7) years of service in the rank of rapporteur, with the procedure provided for in par. 5 and the other needs of the General State Commission for members are covered by the secondment of an equal number of members of the Court of Audit, for a period of two (2) years,which can be extended, b) the vacant positions of State Deputy Commissioners are filled by appointment by advisors or members of the Court of Auditors who have at least five (5) years of service at the rank of member, in accordance with the procedure provided for in par. 5., c) paragraph 2 of article 42 of law 4820/2021 (A’ 130) and paragraph 7 of article 58 of law 3160/2003 (A’ 165) shall continue to apply. An advisor to the Court of Audit, who has been seconded, in accordance with the previous paragraph, to the General Commission of the State and for any reason receives a leave of absence from the Supreme Judicial Council, shall be replaced by the same decision of the Supreme Judicial Council that approves the leave.

5. The procedure for filling the vacant positions of two (2) members and deputy State commissioners, as per paragraph 4, is initiated by an announcement by the Minister of Justice, which is sent to the Court of Audit within one (1) month of the vacancy of the position and is posted in its office. A report is prepared for the posting and submitted to the Minister of Justice. The announcement invites interested parties, who have the legal qualifications, to submit an application to the General State Commission at the Court of Audit within an exclusive period of twenty (20) days from the day following the posting of the announcement. After the expiry of the above deadline, the General Commissioner of the State sends the submitted applications to the Minister of Justice. The Minister of Justice submits a relevant question to the President of the Supreme Judicial Council, transmitting the applications submitted. The question is raised within two (2) months from the vacancy of the position of the deputy or deputy commissioner. To fill the vacancies that are due to arise on June 30th of each year, the question is submitted no later than the month of May.

6. A Deputy Commissioner of the State who has at least three (3) years of service in this rank is promoted to State Commissioner.

7. The following shall be promoted to the position of State Commissioner General: a) a vice-president or State Commissioner or b) a councilor or deputy commissioner of the State, who has at least four (4) years of service in the rank of councilor or deputy commissioner of the State, respectively. The four-year period must have been completed on July 1 of the year in which the position to be filled becomes vacant.

L. 4820/2021

Procedure

Article 7: General Committee of the State of the Court of Auditors arrow

The General Commission of the State of the Court of Audit is an independent judicial authority, which acts unitedly and indivisible in favor of the public interest. Participates in the exercise of the judicial and advisory functions of the Court, contributing to the observance of the principles of fair trial, as well as to ensuring the unity of its case law and respect for the scope of its jurisdiction. It ensures, in particular, the fair attribution of responsibility in cases where it initiates the judicial imputation procedure.

Article 36: Duties of the General Commissioner of the State of the Court of Audit arrow

The Commissioner General of the State: a) takes note, monitors the progress and gives instructions to the services that exercise control over the management of public money and to the services that exercise control over the assets of public servants and officials and introduces relevant issues to the Plenary of the General Commission (paragraph A of paragraph 1 of article 32 C of law 1756/1988, A` 35), b) introduces to the Plenary Session of the Court of Auditors issues for which its consent, opinion or decision is requested and announces the result to the competent authorities, c) files petitions, applications or complaints which it deems to be inadmissible or legally or substantively unfounded (paragraph C of paragraph 1 of article 32 C of law 1756/1988), d) monitors the work of the Court of Auditors and reports on them to the Minister of Justice, e) directs the meetings and conferences of the General Commission Plenary, f) exercises supervision over the judicial officers and judicial employees serving in the General Prosecutor's Office of the State, g) addresses recommendations and instructions to the judicial officers of the General State Prosecutor's Office for its proper functioning.

Article 37: Duties of the State Commissioner of the Court of Audit arrow

The State Commissioner replaces the General Commissioner of the State and exercises the duties of General Commissioner, following a decision of the Plenary of the General Commissioner of the State and the consent of the General Commissioner.

Article 38: Duties of State Deputy Commissioners of the Court of Auditarrow

The Deputy State Commissioners replace the General State Commissioner and the State Commissioner and participate in service councils and committees of the Court of Auditors.

Article 39: Duties of the Chairmen of the General Commission of the State of the Court of Audit arrow

The Counselors of the General State Commissionerate replace the Deputy State Commissioners and assist the General State Commissioner, the State Commissioner and the Deputy State Commissioners in their work..

Article 40: Duties of Rapporteurs of the General Committee of the State of the Court of Audit arrow

The probationary Rapporteurs and the Rapporteurs of the General State Commission assist the General State Commissioner, the State Commissioner, the Deputy State Commissioners and the Counselors of the General State Commission in their work.

Article 48: Service of the General Commission of the State of the Court of Audit arrow

1. The General Commissioner of the State, in carrying out his work, is assisted by staff of the General Commissioner of the State Service of the Court of Audit.

2. To cover the needs or vacancies of the Service of the General Commission of the State of the Court of Audit, staff of the Court of Audit may be appointed by decision of the competent body of the Ministry of Justice, which is taken after the consent of the relevant service council of the Court of Audit.

Article 177: Application for allocation of a grant - Replacement of article 347 of Law 4700/2020 arrow

1. The title of Chapter 57 of Law 4700/2020 (A` 127) is replaced as follows: "CHAPTER 57: ARRANGEMENTS FOR THE GENERAL COMMITTEE OF THE STATE OF THE COURT OF AUDIT"

2.Article 347 of Law 4700/2020 is replaced as follows: “Article 347: Expansion of the powers of the General Commission of the State of the Court of Audit A public body that allocated purely national appropriations from its budget to another public body for the fulfillment of a specific purpose that was not fulfilled, in accordance with what was provided for in the relevant agreement between them, may request the General Commissioner of the State of the Court of Audit to file an application for imputation against the counterparty of the body for the amount of the grant.".

L. 4700/2020

Allocation Request

Article 118: Active and passive legalization arrow

The application for imputation is filed by the General Commissioner of the State of the Court of Audit or, in the special cases provided for by law, by the competent administrative body against:

a) a civil or military employee of the State, as well as against an employee of a local government organization or other legal entity under public law for any damage that the employee caused to them with intent or gross negligence, as well as for the compensation that the State, the local government organization or another legal entity under public law paid to any third party for an unlawful act or omission committed with intent or gross negligence by their employee during the performance of his duties, and

b) any person against whom a special provision of law provides for the filing of an application for imputation by the General Commissioner of the State of the Court of Auditors or by another administrative body competent by law.

Article 119: Details of an application for imputation arrow

The imputation request must contain the following information:

a) the full name, patronymic and tax registration number or police identity card number of the person against whom the application is made,

b) the amount for which the imputation is requested,

c) the capacity of the person against whom the application is directed, which establishes the competence of the General Commissioner of the State of the Court of Auditors to request his imputation,

d) the damaging act or omission attributed to him,

e) the causal link between the act or omission and the harmful effect.

Article 120: Request to the General Commissioner of the State of the Court of Audit for filing an application for imputation arrow

1. The filing of an application for imputation by the General Commissioner of the State of the Court of Audit is requested by a special request to him by: a) the competent minister, b) the mayor or regional governor for local government organizations, c) the body that by law administers or represents the legal person governed by public law.

2. If the body requesting the filing of an application for imputation pursuant to paragraph 1 does not send the information provided for in article 119 with its request, the administrative file is returned and may be resubmitted after completion.

3. Once the mandatory elements under Article 119 have been sent, the General Commissioner of the State of the Court of Auditors is entitled to request from the body requesting the imputation any other element necessary in his judgment for the validity of the imputation application. The request of the General Commissioner of the State of the Court of Auditors is executed without delay by the body requesting the imputation.

Article 121: Damage arising in the context of legal proceedings arrow

If the damage to the State, a local government organization or another legal entity under public law arises in the context of criminal or other judicial proceedings and no issue of limitation of the claim arises, the request to the General Commissioner of the State of the Court of Auditors for the filing of an application for imputation is not submitted and the relevant elements of the file are not sent before the issuance of a final court decision, by which the Court rules on the damage, the natural person who caused it and his actions that causally contributed to its occurrence.

Article 122: Interruption of the limitation period arrow

The filing of the application for imputation interrupts the limitation period of the claim.

Article 123: Second application for imputation arrow

A second application for imputation is admissible if the first one was finally rejected for formal reasons. If the application is filed within sixty (60) days from the receipt of the final decision by the General Commissioner of the State of the Court of Audit, the results of its filing refer to the time of filing the first one.

Article 124: Filing an application for imputation arrow

The application for imputation is filed with the competent secretariat of the Court, in accordance with article 55. Subsequently, the application for imputation is notified, under the supervision of the General Commission of the State of the Court of Auditors, to the person against whom the application is directed, as well as to the administrative body that requested the imputation. The local services of the Court of Audit and the police authorities are obliged in any case to ensure its notification as mentioned above, in execution of the mandate and relevant instructions of the General Commissioner of the State of the Court of Audit.

Article 125: Administrative file arrow

1.After the filing of the imputation application, the file containing the data on which the imputation application is based is forwarded to the Department before which the application is pending.

2. The person against whom the application for impeachment is directed shall be provided by the Court's secretariat, upon his request, which shall be approved by its President, with copies of those elements of the file that are necessary for his defense, taking care not to disclose to him personal data of third parties that are not related to the case.

Article 126: Expedited trial arrow

The person against whom the application for imputation is directed may request the President of the competent Department to expedite the trial of his case. The same request may also be submitted by the General Commissioner of the State of the Court of Audit, if he considers that there are reasons for protecting the general interest that he represents.

Article 127: Objections arrow

1. The person against whom the application for imputation is directed shall file his written objections with the Court's secretariat within ten (10) days prior to the hearing.

2. The person against whom the application for imputation is directed shall notify the objections to the General Commissioner of the State of the Court of Audit on the same day of their filing with the registry of the Court.

Article 223: Public meeting arrow

1. The public meetings of the Court of Auditors to discuss cases are held in its auditoriums in the presence of the secretary.

2. The General Commissioner of the State of the Court of Audit is present at the public meetings of the Court of Audit to discuss cases in an audience, who expresses his opinion. By decision of the competent body of the General Commissioner of the State of the Court of Audit, in accordance with the provisions of articles 32A et seq. of the Code of Organization of Courts and Status of Judicial Officers, public meetings in which the General Commissioner of the State of the Court of Audit will not be present, as well as procedures in which the General Commissioner of the State of the Court of Audit will not participate, may be determined.