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Parliamentary questions
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23 January 2020
P-000386/2020
Priority question for written answer
to the Commission
Rule 138
Konstantinos Arvanitis, Dimitrios Papadimoulis, Stelios Kouloglou, Elena Kountoura, Petros Kokkalis, Alexis Georgoulis
 Answer in writing 
 Subject: Retroactive legislation resulting in the removal of administrators serving on the Greek Competition Commission

Legislation has recently been adopted establishing new criteria for the eligibility of administrators to serve on the Greek Competition Commission. These criteria are being made to apply retroactively to those already serving in this capacity, resulting in their immediate removal. However, the case-law established by the EU Court of Justice makes it clear that the independence of such official bodies must be respected and their members allowed to complete their terms of office.

In line with the above case law, a recent European Parliament directive (on Member State competition authorities) expressly stipulates conditions of eligibility to serve (Preamble and Article 17(4)). While it has yet to be transposed into national law, the Court of Justice of the EU has repeatedly ruled that, in the meantime, Member States must refrain from adopting provisions that compromise the intended outcome.

In view of this:

What measures will the Commission take in response to these recently adopted national provisions that retroactively disqualify administrators already serving on the body in question, resulting in their early removal, while failing to establish rules ensuring that the independence and impartiality of the authority are not affected (C-424/15, paragraph 52 and C-288/12, paragraphs 60-61)?

Will it seek to ensure that administrators serving on the Greek Competition Commission are able to complete their term of office under the transitional provisions of Greek Law 4623/2019, as in the past (2016/2011), in order to ensure that no discrimination occurs in the present case?

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