Presentation by the President of the Republic, Mr Nicos Anastasiades, - - PDF document

Presentation by the President of the Republic, Mr Nicos Anastasiades,

• f the Government measures for the modernization of institutions and
• f the state

29/04/2013 It has been my pre‐election statement that we need a new state model that meets requirements of the new era. Today, as President of the Republic, having the responsibility for the reorganization of the economy and the regaining of the trust of citizens towards politics, I find out that not only it is needed but it is imperative to reorganize and modernize the state. It is equally imperative to reinstate the trust towards institutions and even more so to reinstate the trust of citizens towards politicians. Concepts like meritocracy, virtuous administration, the responsibility of politicians, the obligations of the state towards its citizens, which have been, until recently, declarations devoid of sense, are today, due to the consequences of the economic crisis, a national necessity. Pathogeneses that have been piled up over the last 50 years, and for which all of us bear the responsibility, not only contribute to stagnation but also promote and multiply the problems. They promote bureaucracy and non‐transparency. They lead to violation of the rules of virtuous administration, to non‐meritocracy, collusion and

• corruption. They have created a state that gives the citizens a hard time instead of

serving them. A state that, despite the high cost for its sustenance, cannot provide the wide range and quality of services a modern European state should offer. Part of the just criticism of the citizens towards politicians is that they are not being honest with the people and that they forget their promises the moment they reach their election goals. With today’s announcements, as well as with all other measures to be taken in due course, I wish not only to belie the rule but also to fulfil each and every pre‐election commitment on my part. I also wish to belie those who, invoking the Eurogroup decisions, accuse me of not keeping my pre‐election commitments. I understand the criticism against me, but at the same time, I call on all to think of the conditions under which a leader in front of the dilemma chooses to take unpleasant but beneficial decisions for the country, instead of choosing to appear likeable to the people. I would to like to reassure the citizens of my and my Government’s determination to live up to the expectations of society for a new bold beginning.

Despite the pressing conditions we have been going through since our first day in power, we did not fail to focus our attention on all other policy aspects, as depicted in our election manifesto. Today’s announcements are proposals which have been laid down in bills or were the object of the Ministerial Council’s decisions. In the effort for reconstruction and modernization I consider as a major priority the political responsibility and accountability of all those who are elected or assume any public office. Within this framework we have decided the following:

• 1. Through a proposal amending the Constitution the offences for which the

President of the Republic may be legally prosecuted are precisely determined and expanded.

• 2. Through a constitutional amendment the full freedom of speech and the full

freedom to exercise the right to vote of the Members of Parliament in exercising their legislative duties are safeguarded. Their immunity, though, against all kinds

• f offences is revoked.
• 3. The liabilities emanating from the criminal and civil law of Ministers and

independent officials for offences or omissions in exercising their duties are regulated by law.

• 4. The list of inspected Government officials is expanded and through a

constitutional amendment they are obliged to publicize their assets at fixed times.

• 5. For the purpose of monitoring the legitimacy of statements a Special Auditors

Committee is set up, which will look into and publish a report of any violations of good administration or misstatements.

• 6. The Parliament has passed a law after a Government’s proposal that the

unanimous findings of the investigation committees be binding towards the state

• fficial under investigation. Namely, the statement ″I assume my polical

responsibilities″ is not enough.

• 7. Through another Government proposal which has been accepted by the House of

Representatives, the Attorney General, besides the Ministerial Council, is granted the right to appoint criminal investigators.

Implementation of good administration and anti‐corruption regulations Pertinent to the above are also matters regarding good administration and transparency regulations for which the following decisions were taken:

• 1. The establishment of the obligation that the decisions taken by any Authority of

the public or wider public sector to award contracts be not only fully justified, but also publicized.

• 2. Audit Committees are being set up for each Ministry in order to monitor and

implement any complaints or comments noted in the Annual Report of the Audit Office of the Republic.

• 3. Through the amendment of the relevant legislation, the obligation of the audited

Ministries and organizations of the public and semi‐public sector is set to submit to the Parliament a detailed report of compliance and implementation of complaints or remarks of the Audit Office, together with the submission of their annual budgets. Equivalent measures will be implemented in Municipalities and Communities, which are obliged to comply with the recommendations of the Audit Office. In the case of non‐compliance, measures will be taken against them.

• 4. Through the amendment of the relevant legislation, the keeping of detailed

minutes of meetings of every Authority or Body of the public or wider public sector which takes administrative decisions, is made obligatory. The decisions will be publicised at the website of every Authority or Body in order to give the public a monitoring ability. There is an exemption from the above obligation for decisions which refer to national security, defense and international relations, are

• f a classified nature or relate to personal data.
• 5. The legislation regarding the competence of the Commissioner of Administration

(Ombudsman) is amended and his/her role is reinforced by giving him/her the ability of mediation with the competent departments, aiming at the departments’ compliance with the findings of the Commissioner’s Office. At the same time the Commissioner is given the authority, in the case of refusal of a competent body to comply, to submit a report to the Council of Ministers and publicise its content.

• 6. The civil and penal responsibilities of public officers for damages caused by

inexcusable carelessness or fraudulent behaviours which constitute collusion or breaking of the state laws are set.

Combatting of collusion and established bad practice In order to contribute to the renewal of political life and to combat every occurrence

• f collusion that is often created by a long stay at a position, it has been decided

that: By amendment of the provisions of the Constitution and the relevant legislation:

• 1. The term in office of the President of the Republic for more than two consecutive

terms constitutes a hindrance for rerunning for the post. The same hindrance applies for those that by election exercise executive authority, such as Mayors and Community Council Heads.

• 2. With the same legislative regulations the term in office of members of Parliament

and Municipal and Community Counsellors is limited to three consecutive terms. Meritocracy‐Equality of civil rights One of the pathogeneses of the political system, which contributed to the indignation of citizens towards politicians, is the unreliability of the system of appointing, promoting and generally taking full advantage of officers of the public and wider public sector. It would really be a lack of respect towards the citizens if we denied what was brought about because of the intervention of the political parties, what highlight today, through the economic crisis as well, how damaging was the creation of an

• vergrown public sector, based moreover not on worthiness but the relationship

with and, in essence, the dependence on each Government and the parties supporting them of those appointed. To suppress this phenomenon, we have decided the institutionalisation of strict criteria that will safeguard the giving of priority to worthiness and not partisan access. Within this framework, from now on, the following are in effect:

• 1. In order to fill any permanent position in the public or semi‐public sector, the

following will be taken into consideration:  The success grade in written exams which must safeguard the anonymity of the examinee.  The academic qualifications and relevant degrees.

 Experience and professional qualifications.  Most importantly, the importance attached to the oral exam is sharply reduced.

• 2. In all other cases of hiring, the present criteria will be strictly adhered to.
• 3. Strict criteria are being set in choosing the persons that will be appointed in the

crucial Committees on Appointments and Promotions (Public Service Commission, Educational Service Commission and Appointment and Promotions Commission for semi‐government organizations). For the purposes of trustworthiness and transparency, the appointment will be preceded by a public hearing of the candidates at the House of Representatives.

• 4. The obligatory disclosure by the appointing authorities of the public and semi‐

public sector, to those concerned, following their application, of a full and justified decision that affects them unfavourably.

• 5. For the reinforcement of the right of the citizen to exercise control on the

administration, he/she is given the right of access to all public documents with the exception of those affecting national security, defence and international relations, those which are confidential and those referring to personal data.

• 6. The creation of an independent hiring and promotions committee for all the semi‐

governmental organizations, by people of wide recognition, in proportion to what is in effect for the Public Service Commission and the Educational Service Commission.

• 7. In this way, the Boards of Directors of semi‐governmental organizations will get

rid of the responsibility of hiring and promoting, and therefore the directors will be selected by people of wide recognition and qualifications that are compatible with the professional management of organizations and not based on their political connections or beliefs. Reform of public administration In order be able to overcome the difficult circumstances, our state will have to be reorganized, reformed and modernized. The reform of the state was my pre‐election commitment and it remains my post‐election obligation. Since the first day of the forming of the new Government we appointed the Commissioner for the Reform of the Public Service, aimed at modernising and

upgrading the Public Service so that it can cope with modern demands and bring Government services closer to the citizen. The Commissioner will elaborate, within three months, an Action Plan with specific recommendations for the reform of the public sector, with terms of reference which include, inter alia, the following:  Simplification of the structures and procedures being followed in the public sector.  Reinforcement, merging and/or abolishment of services.  Modernisation of the evaluation system of Public servants.  Use of modern technological tools and introduction of electronic governance.  Upgrading of the skills of human resources for a more effective achievement of the objectives of the public sector.  Synergy of the public and private sectors.  Improvement of citizen service.  Reduction of the operating costs of the Public Service.  Adoption of a Code of Conduct on transparency issues.  Timetable for the implementation of the entire Action Plan, which should not exceed December 2013. In light of the fact that the whole process of elaborating the Action Plan is on‐going, also through dialogue with the relevant stakeholders, I will come back within the prescribed period with a complete and comprehensive Programme for the Modernisation and Reform of the Public Service.

• 1. Within the framework of the modernisation of the Public Service, a bill will be

referred to the House of Representatives by which:  The setting of objectives per Ministry and the monitoring of their implementation is regulated.  The indicators measuring the quality and effectiveness of services are determined.

 The methods for the improvement of the administrative procedures and the simplification of the way in which decisions are issued are determined.

• 2. By another bill, the obligation of public organisations to elaborate and submit to

the Council of Ministers a strategic and operation Plan, which should be compatible with the relevant government policy, is institutionalised. The same bill regulates the competences and duties of the members of the organisations’ Boards of Directors, while it also defines their civil and criminal liability.

• 3. Our proposal to create a number of Under Secretary Positions is also part of the

effort for a more efficient and smooth functioning of the state. The relevant bill was submitted to the House of Representatives with a fully reasoned report. Active participation of the citizens The reconstruction and modernization of a state presuppose, plus other things, the active participation of the citizens in the shaping of policy. For this purpose we have decided to introduce an institutional measure which reinforces direct democracy and the democratic institutions.

• 1. Through the legislative regulation we propose the citizens or groups of citizens

are given the possibility to ask for enactment of proposals on subjects of special

• r wider interest.

It is a prerequisite that 10,000 statements in support of the particular proposal are collected within a specified period. After the checking and verification of signatures, the proposal is referred to the House of Representatives which, within a fixed time limit again, decides for acceptance or rejection. In the case that the proposal includes the element of unconstitutionality, because it burdens the state budget, the House of Representatives refers the proposal to the Government which in a fixed time either it accepts it or rejects it justifiably.

• 2. Automatic registration in the electoral lists is introduced.
• 3. Citizens’ obligation to vote in the elections is irrevocably decriminalized.
• 4. The target of the Government remains, if the political forces consent, the

introduction of the horizontal voting system and the adoption of electronic voting.

Re‐establishment of the sense of justice and quick administration of justice Equally important in a modern state is not only the safeguarding of the citizens’ right to enjoy legal protection, but also the obligation of the state to respect the relevant decisions. In the same way equally important in a well‐governed state is how fast justice is rendered. For the above purpose we have decided:

• 1. The establishment of Administrative Courts which will significantly decongest the

work burden of the Supreme Court, while at the same time they will speed up the hearing of appeals against actions of the public sector.

• 2. For the purpose of faster rendering of justice, departments of primary

jurisdiction are being reinforced.

• 3. As it has already been announced, an Arbitration Court is being set up to hear

cases involving securities and bond holders.

• 4. Within the month of May the institution of the Banking Ombudsman will
• perate, which will relieve congestion largely, regarding cases that would, in
• ther circumstances, be dealt with at Courts of First Instance. In this way we will

have a faster settlement of the matter of either loan extensions or the restructuring, more generally, of the obligations of citizens toward the banks.

• 5. The state’s obligation to fully comply with the judgments annulling the decisions
• f administrative courts as long as these concern the substance of the appeal.

On the announcement of the first set of measures for the economy, what had been said by many was whether and when would they be materialized. I appreciate the concerns of both citizens and the Media. They are not to blame for questioning us. And of course, it is no coincidence that citizens have lost their trust in the politicians’ announcements. This was the reason that led me to set as a priority for the modernization of the state, the accountability of politicians in a particular way. It is my belief that decisions taken or policies announced without an implementation timetable in essence nullify the obligation for accountability.

For this reason it has been set that all of our proposals which have not yet been shaped into bills will be prepared, namely they will be completed with the whole of legislative proposals being referred to the House of Representatives, by June 15th the latest, that is before 90 days have passed since the assumption of governance. It is more than obvious that the measures announced today will start being implemented right after being adopted by the House of Representatives and, consequently, through these measures the Government is bound to realize, in a speedy manner, those pertinent to the reconstruction of the state, the modernization of political life and the protection of every citizen. For the purpose of implementing the measures, the Council of Ministers has decided at its meeting on April 24 to establish a Mechanism for monitoring the implementation of the Government’s programme and decisions, with the obligation to submit monthly reports to the President. It should be noted that the Mechanism has been set up and has already started its operation. I believe that the need for a new model of state is also the wish of the political parties overall. To this end, I call upon them to give priority to the studying of the bills and, through their interventions, to jointly form the modern state we owe to

• ur fellow citizens.