Automatic suspension of civil servants
3.4.2013
Question for written answer P-003751-13
to the Commission
Rule 117
Chrysoula Paliadeli (S&D)
Subparagraph G.3 of the sole Article of Law 4093/2012 ‘Approval Medium Term Fiscal Strategy 2013-2016’ provides for the automatic suspension of civil servants in the event of referral to the Disciplinary Board until the case is examined and the competent body reaches a decision on the charges. The above disciplinary procedure removes the presumption of innocence and denies the accused person the right of defence, since it provides for the imposition of strict administrative measures without giving him or her the right to justify his or her conduct or the right to a prior hearing. This is completely incompatible with Article 6 (2) of the European Convention for the Protection of Human Rights (ECHR) and Article 48 of the Charter of Fundamental Rights of the European Union.
Given that: a) the presumption of innocence is a fundamental right, which is enshrined in the ECHR and the Charter of Fundamental Rights and is an integral part of Community law; b) Article 6 of the Treaty on European Union (TEU) provides that the Union shall respect fundamental rights, as guaranteed by the Charter of Fundamental Rights, the ECHR and as they result from the constitutional traditions common to the Member States; c) the above arrangements had been agreed with the Troika as part of the medium-term programme, will the Commission say:
- —Does this provision violate the principle of the presumption of innocence?
- —If so, is it possible to revise the above measure so as to bring it in line with the ECHR and the Charter of Fundamental Rights?
OJ C 19 E, 22/01/2014