Preliminary report to be submitted in the context of the targeted stakeholder consultation for consideration in view of the 2020 Rule of Law Report
Feedback period
24 March 2020 – 4 May 2020 (midnight Brussels time)
Submitted by NGOs / civil society Organisations working on rule of law related issues.
-factual information on developments on the ground in Greece regarding doctors, lawyers and, very briefly, the environment and education-
Athens, 4 May 2020
The 2019–20 coronavirus pandemic first appeared in Greece on 26 February 2020 when the first COVID-19 case, a 38-year-old woman from Thessaloniki, who had recently visited Νorthern Italy, was confirmed. Subsequent cases in late February and early March related to people who had travelled to Italy and a group of pilgrims, who had travelled to Israel and Egypt, as well as their contacts. The first death from COVID-19 in Greece was a 66-year-old man, who died on 12 March. As of 3 May 2020, there have been 2,620 confirmed cases and 143 deaths. The present report tries to shed a light on how the crisis was handled at state level and in particular: A) How the government dealt with the health system resources (mostly the public infrastructures and stuff) and B) What were the main state-level policies and support measures to all affected professionals (mainly lawyers, but also of other scientific sectors). ----------------------------------------------------
A) How the government dealt with the health system resources (mostly the public infrastructures and staff)
The country’s ability to cope with a public health emergency of such proportions was not a given. After almost a decade embroiled in debt crisis – years in which its economy contracted by 26% – Greece’s health system has far from recovered. The national health system is dismantled at all levels: organizational, infrastructure, equipment, personnel, and financial resources. This dissolution has lasted for about three decades and is the result of political choices by the entire political system. But especially during the memorandum period, the dismantling of the system took on explosive proportions as through the continuous reduction of expenditures, which were implemented by politicians at the request of lenders, the national public health system was reduced to health units and hospitals, staff reduction, reduction of benefits to reach the current tragic situation. Continuous spending cuts, the application of private-financial criteria in the operation of public hospitals, lists, closed public
hospitals and intensive care, hospital mergers, privatization of medical services (afternoon) high costs), staff reductions, hospital privatizations, etc. Regarding the public expenditure, below are presented the available data (2009-2017) of Health expenditure by the Hellenic Statistical Authority (ELSTAT). In the examined period, public expenditures at current prices decreased from 15.4 billion euros to 8.8, ie by 6.6 billion or 42.3%. Their share in GDP, despite its dramatic decrease of 24%, fell from 6.5% in 2009 to 4.9%. The situation after 2017 as described in the state budgets has not changed- instead it continues to get worse. The public expenditure for hospitals and primary health care, although the country came out of the memoranda, it continues to decline. In the period 2017-2020 it is reduced by 264 million euros or 9.4% and now corresponds to 1.3% of GDP from 1.6% in 2017. State hospitals bore the brunt of cuts demanded in return for rescue loans from international lenders to keep the nation afloat and in the eurozone. With the epidemic’s arrival in Europe, officials were forced to acknowledge, 18 months after the country exited its third bailout, that it had only 560 intensive care unit (ICU) beds (at the end o March 2020 the ICU capacity was up to 910 beds via public sector coordination, cooperation with private sector and donations). The situation in the hospitals was marginal. The health workers were struggling with great difficulties in equipment and working without schedule. On 29 March 2020, a doctor of Attiko, vice president of the Hospital Workers' Union and a member of the general council of the Association of Greek Hospital Doctors (OENGE), George Sideris, reports there are 6,000 vacancies nationwide for doctors and 30,000 for other staff. At the same time, the Panhellenic Association of Stretcher-bearers, announced on 03/30/2020 tragic lacks of stretcher-bearers in hospitals across the country- there are cases of hospitals that do not have not even a carrier. Also they report that they were obliged to use the same equipment in all incidents throughout their entire shift. During all this emergent period the State instead of supporting the National Health System, decided to favor the private clinics, to the detriment of the recovery of the public health system, by overprizing the use of Private Intensive Care Units (I.C.U.) and even awarding more the private clinics that had not previously cooperated with the State before. According to the Act of Legislative Content of 25/02/2020 was predicted that for a period of 4 months from the publication and if there is still an immediate risk of corona occurrence and spread, it may be ordered, by joint decision of the Ministers of Finance and Health, the compulsory disposal of the public to meet public health needs, private care clinics
and clinics, (..) to cover public health related to coronary heart disease, as long as they cannot be treated differently. The same decision would predict also the specific needs of public health, the committed quantities of materials and facilities, the time of commitment, the manner of compensation of the materials or facilities necessary for public health, as well as any relevant details for it’s implementation. At the same time in Greece’s Public Hospitals, instead of 3.500 Intensive Care Units (I.C.U.) operate only 559, and 80 although equipped remain closed due to lack of staff. According to art. 21 of the "Unified Regulation of Health Provisions (EKPY) of the National Service Provider Health (EOPYY)”, every private clinic with Intensive Care Unit (I.C.U.), is obliged to declare to (EOPPY) from all the beds of I.C.U.. the bed the clinic will provide to (EOPPY) for the treatment of patients, with EOPYY pricing and without the patient's participation, either the patient comes from a public structure or from another private Clinic, due to the burden of its general condition that requires hospitalization in an (I.C.U.). The daily hospitalization in a private (I.C.U.) is determined: a. 800 euros for the first three (3) days of hospitalization, b. 550 euros from the fourth (4) to the fifteenth (15) day of hospitalization, c. 400 euros for the rest of the necessary hospitalization. The “hospitalization” in a (I.C.U) includes every expense, except specific ones, mentioned analytically in the (EKPY), such as substitution therapy only renal function (Hemodialysis). With the Joint Ministerial Decision of Ministers of Economics and Health, of 13/03/2020, was decided that in case the beds in the public structures are not sufficient for the transport of patients, hospital beds and ICU beds may be available in private clinics, which have, according to their operating license, corresponding departments for the medical care of patients, and in excess of the number of those available to EOPYY under relevant Memorandum of Cooperation, pursuant to Article 21 of the EKPY. In case of hospitalization in a private ICU-hospital-clinic ICU, the daily ICU compensation fee, for the application of the present, corresponds to the daily hospitalization multiplied by salary rate 2.09. Additionally, except of the Hemodialysis one catalogue of services and medicines will be remunerated separately. In other words, while the Public Hospitals and their personnel had to continue working with extreme shortages in material and mainly in personnel, (having as a result to be risking the personnel’s and the patients’ health, by imposing to any health worker showing symptoms of Covid 19 to stay in quarantine 7 days instead of 14), the government decided the overpricing of the use of private ICU of several other services and medicines, than what was already regulated before the Corona virus crisis occurred.
Under those situations the Federation of Hospital Doctors Associations of Greece (OENGE) on 01/04/2020, gave a press conference which was covered by the National Television (ERT), but was later silenced by news bulletins of ERT. In the press conference the President of the Federation underlined the above: In total, before the pandemic, there were 30,000 vacancies in organic positions. Even at this moment, the government could immediately hire between the 2000-2500 thousand applicants for the 950 positions of permanent doctors. Already by the first moments of the pandemic the State treated the Health Workers in the National Health System with populism. On the one hand the government’s representatives called the population of Greece to applaud by their balconies the “heroes with the white and green T-Shirts” as they called them and on the other hand, they would not even accept to meet the representatives of the Health Workers I order to discuss the lacks, the needs and the propositions of solutions for the Health System, as denounced already since 16/03/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) with its announcement Pr. Nr. 10155, which was asking this meeting since 27/02/2020 with its document Pr. Nr. 10065. On 13/03/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) with its announcement Pr. Nr. 10154 denounced the government’s mockery against the population and the Health Workers in the Public Health System, as two days after the speech of the Prime Minister K. Mitsotakis, who assured that already the government is doing what is needed to shield Public Health and spoke of hiring doctors, a day after the "dramatic appeal" of Health Minister Vassilis Kikilias calling on doctors "to apply" to be hired on twoyear contracts and then to remain in the National Health System ", in the announcement that runs for 2,000 auxiliary staff positions and which expires on Sunday 15/3, there is not a single (1) auxiliary doctor position. In addition to that, instead of making permanent those already serving, whose term expires starting from March 30/9, the government extends their contract for only 4 months and does not hire doctors whose term has expired and for whom they have already been completed the appointment procedures awaiting them to pass 3 months since their last convention ended. In addition to general reports on the addition of beds to ICU, the government is not committed to hiring the necessary medical and nursing staff to open the 100 closed ICU beds that exist in the public hospitals and stay empty and non-functional because of the lack on personnel. The Federation ended its announcement by demanding the State to: - Immediately hire all the necessary staff to open all the ICU closed beds, - Without delay, hire fellow assistants even if three months have not elapsed since the
expiration of the previous contract, -Appointment to permanent positions of all assisted physicians currently serving. None of those demands were answered by the State, which on the contrary gave overpriced benefits to the private clinics during the pandemic and while putting the health of the public health workers and the public health system itself in danger. The state tried to overcome the staffing crisis by calling to recruit retirees (that means people over 65-70 years old that obviously belong to a vulnerable group) or even medical students, to volunteer in the Greek NHS and fill the voids. Also invited even citizens to volunteer in the NHS, for clerical and technical positions, and on 10 March, the government decided to suspend the operation of educational institutions of all levels nationwide and then, on 13 March, to close down all cafes, bars, museums, shopping centres, sports facilities and restaurants in the country. On 16 March, all retail shops were also closed, and all services in all areas of religious worship of any religion or dogma were suspended. The Ministry of Health has repeatedly avoided meeting with the representatives of the employees in the public hospitals, listening to their requests and discussing with them the needs of the Public Health System especially with their corona virus pandemic crisis. According to the announcement Pr. Nr. 10158 of 19/03/2020 of the Federation of Hospital Doctors Associations of Greece (OENGE) on that day the Minister of Health V. Kikilias and the Deputy Minister of Health V. Kontozamanis refused to meet the delegation of hospital doctors, "because of a corona virus"! In other words, the ministers invoked the coronavirus epidemic in order to avoid hearing what the hospital doctors say in order to deal effectively with the coronavirus epidemic. On 22 March, the Greek authorities announced restrictions on all non-essential movement throughout the country, starting from 6 a.m on 23 March. On 4 April these restrictions were extended until 27 April and on 23 April they were extended until 4 May. At the same time, doctors and nurses are reporting also huge shortages of medical supplies and personal protective gear (face masks, face or eye protection- face shields or spectrum glasses, disposal gloves, gowns or protective aprons etc), lax safety protocols, and a high level of stress in their workplaces (hospitals and medical facilities). Some hospitals have been forced to produce personal protective equipment, such as masks, using substandard materials, putting stuff and patients in severe danger. The president of the Panhellenic Federation of Public Hospital Employees (POEDIN) reported on 03/19/2020 that: - the greek NHS consists of 650 health units with 100.000,00 employees. According to the official
information system (ESYNET) of the Health Ministry the stock at that point was: 1.070 million simple surgical face masks, 61.000 high protection masks (FFP-2 & FFP-3), 27.5 million non-sterile & 2 million sterile gloves, 90.000 bottles with antiseptic and 23.500 high protection uniforms. Due to the insufficiency of the stock in many cases the members of the medical stuff were obliged to the re-use of the protective equipment (keep the protective gear on until the end of their shift). In several moments during April 2020, doctors from different Public Hospitals (such as Attikon Hospital, Sotiria Hospital (which are two of the 10 reference hospitals in Greece for the treatment of corona virus pandemic), General Hospital of Livadia-Thiva, Aiginio Health Center, addressed the Ministry of Health asking for information concerning the provenance and identification of the type of masks that had been provided to them and denounced the unsuitability of those masks and asked for the immediate withdrawal and replacement of those masks that have been distributed without being certified for medical use, without being for high protection, but for air pollution. After those denouncements the Federation of Hospital Doctors Associations of Greece (OENGE) asked for the control of those denouncements of the doctors masks but in response the Deputy Minister of Health, Mr. Kontozamanis, instead of taking seriously the denouncements of the doctors and controlling the provenance and the suitability of the masks, called the doctors of the Covid 19 wing of the "Sotiria" Hospital, who from the beginning or the health crisis, daily and incessantly, were not just on the front line but on the most advanced line of battle against the epidemic, LIARS. He called liars those that the government was calling "the heroes in white and green T-shirts". On 07/04/2020 - World Action Day for Health, Health Workers in public hospitals around Greece (Attikon Hospital of Attica, Sotiria Hospital of Attica, Agia Olga of Attica, Pedon Hospital of Attica, Geniko Hospital of Attica, Asklipieio Voulas Hospital of Attica, General Hospital of Larisa, General Hospital of Livadia-Thiva, General Hospital of Serres, protested under the umbrella of the the Federation of Hospital Doctors Associations of Greece (OENGE), General University Hospital of Heraclion- Crete, General Hospital of Kavala, General Hospital of Nikea-Pireaus, General Hospital of Lesvos, General Hospital of Trikala, General Hospital of Alexandroupoli, General Hospital of Chania Crete, Health Center of Leros, Lipsi Regional Clinic, General Hospital of Kefalonia, General Hospital of Zakynthos, Chalkida, Health Center of Psachna, General Hospital of Grevena, Psychiatric Hospital of Thessaloniki, Papanikolaoy Hospital of Thessaloniki, Ippokratio Hospital of Thessaloniki, Aigio General Hospital, General Hospital of Parta, Health Center of Zagora,
General Hospital of Volos, General Hospital of Samos and Evangelismos of Attika, protested, by respecting all the necessary measures – keeping distances, wearing masks etc (as being anyway the most suitable and educated people to do so), in the entrances- in the courtyard of hospitals, for the severe deficiencies and problems that they face, denouncing the insufficient support measures of the National Health System and shortcomings in the individual means of protection of employees in public health structures. Policemen of the motorized police team “Zeus”, invaded the courtyard of the hospital and attempted to suppress the protest rally but after the outcry of the Protesting Health Workers left the Hospital. On 11/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10227, denouncing the decision of the "Committee for Emergency Management of Public Health by Infectious Factors" of the Ministry of Health, regarding the protection measures to be taken by health professionals who care for patients with COVID-19 disease in the country's health units was made public on 09/04/2020 and according to which, the medical staff who treat patients in wards and ICU COVID-19, do NOT need High Respiratory masks, but only simple surgical masks when "there are no conditions for airway formation", in direct contrast to the World’s Health Organization instructions of 19/03/2020, according to which, it is considered necessary for health professionals to have complete and specific protection equipment, when in contact with COVID-19 patients: N95 high protection masks, goggles, gloves, and double robe (disposable form and waterproof apron). WHO even predicted that if a health care provider does not always use the above equipment in every contact with a suspected or confirmed case of coronary heart disease, then it belongs to high-risk groups for possible exposure to the corona virus. And in this case, if he/she does not wear any of the above, it is recommended: - to stop any contact with patients for 14 days, counting from the last day he came in contact with a confirmed case, - to be tested in a laboratory, - to stay in quarantine for 14 days and - to be provided with psychological support during quarantine. The announcement-denouncement of the Federation contained the following questions 1. What are the criteria that determine the instructions of the Ministry of Health and its competent committees? Where and to what extent are the relevant international directives violated? 2. What does it mean "when there are no conditions for aerosol formation"? Do the famous "Experts" have any contact with reality? Do they know that a series of manipulations (cardiopulmonary resuscitation, use of AMBU) performed even in ICUs, where health and patients are crowded, can cause airway obstruction? Do they think that patients with COVID
19 are treated in outdoor, sunny and airy fields? 3. Is it, yes or no, the confession document that there is a great shortage of masks REALLY High Respiratory Protection ffp2 and ffp3? 4. Why is the document unsigned? Why are the members of the "Committee of Experts" hiding from the health workers? Why don't they take responsibility for the health of health workers? If they are really scientists, why don't they take the courage of their scientific opinion? And underlined that the above-mentioned Committee has exceeded all limits and should stop the communication tricks, take their responsibilities, stop endangering the health and lives of the health workers and demanded the withdraw the inadmissible document which we do not consider to be valid since it is unsigned, the supply with adequate quantity and quality-appropriate Personal Protective Equipment, which definitely include YAP Ffp2 masks in the treatment of suspected cases and in the treatment of confirmed cases in COVID19 wings and 19 YAPTH-FFV masks as well as in ME manipulations that may cause aerosolization (intubation, confirmed or suspected case bronchoscopy, etc.).
City officials were unable or unwilling to provide any numbers on how many medical workers have been found positive for Covid-19, since the covid-19 tests remained in short supply. According to the Panhellenic Federation of Public Hospital Employees, up to 18 March 2020, a total of 44 doctors, nurses and rescuers were ill while tracking their colleagues continues. More than 300 public hospital employees were quarantined either because they have been found positive or because they have come into contact with cases without proper protection. Also, based on the data available to POEDIN, there were dozens of cases in the nursing staff, namely: 2 at Alexandra Hospital, 5 at Agios Savvas, 9 at Gennimatas, 1 at EKAV, 3 at Laiko, 1 in Ippokratio, 2 in Nimetz, 1 in Attiko, 3 in Agia Olga, 1 in the Red Cross, while in the region we have 9 in the hospital of Kastoria, 1 in the University Hospital of Ioannina, 2 in the hospital of Kalamata, 1 in the hospital of Pyrgos, 1 in Amaliada, 1 in Arta and 1 case of the hospital's nursing staff faces of Rio. While there are 4 people from the nursing staff in Dromokaitio who have symptoms. According to POEDIN, Greece’s National Public Health Organization (EODY), reduced quarantine time for the medical workers who show symptoms from 14 days down to 7 days, in order to prevent the further deterioration of the health system’s capacity. Also, it has been reported, that health workers with underlying health issues were not allowed to take a leave, despite the medical advises. On 13/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10228, denounced that in violation of the Act of Legislative
Content published in the Government Gazette 55 / A '/ 11-03-2020), which provides that parental leave for special purposes are granted in case of single parent families, if the spouse is serving or working abroad, if the spouse works in the private sector and does not use the special purpose leave or the ability to work remotely, if the spouse works in the public sector and the granting of a special purpose permit is not approved with a reasoned report of the institution in which he/she works, it is observed and denounced that applications for special permits of several Hospital Doctors and Nurses are being rejected without any justifiable decision and they are blackmailed and threatened when claiming their legal inalienable right. The Federation urged the political leadership of the Ministry of Health and the Ministry of the Interior to take directly all necessary measures to implement the provisions and grant all those who meet the conditions of the special purpose permits. On 13/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10229/23-04-2020, denouncing that the Act of Legislative Content, which defines vulnerable high-risk groups that must be excluded from their work, does not include serious illnesses such as autoimmune diseases for which they receive cytostatics or biological agents, degenerative diseases of the CNS (eg Multiple sclerosis), hemoglobinopathies (eg homozygous b - Mediterranean anemia). According to the announcement having employees who still work despite suffering from the above diseases is criminal and underlined that Infectious Diseases Committees of many hospitals have suggested to the administrations and the Ministry of Health that those who suffer from these diseases be included in the vulnerable groups at high risk, however, for the past two weeks no answer has been given. In was also stated that there is no provision for those living with people at high risk for serious covid-19 infection, which puts the health of their loved ones at risk and demanded the expansion of the high-risk groups and of the right to special leave with full remuneration for those suffering from these diseases, the clarification of the ambiguities that arise from the general terms "severe lung disease" and "severe heart disease" mentioned in the Joined Ministerial Decisions (F.E.K. / 928 / B / 18-03-2020) and that those who live with persons belonging to high-risk groups for serious COVID-19 infection to be entitled to a special leave of absence in order to ensure the health of their relatives. Additionally in some cases the reactions, the denouncements and the information to the public concerning the severe conditions, under which several hospitals are functioning, by the doctors and their Associations had been confronted with blackmailing aesthetics and attempts to prevent the union rights of health workers - doctors and nurses. The case of the Heraklion General University Hospital – PAGNI, where after denouncements of the President
of the Workers’ Union- Dimitris Vrysalis, concerning the severe conditions under which the hospital is functioning (lacks of personnel, material, rooms etc), the expression of the personnel’s concerns and solution claims under the circumstances of the Corona virus pandemic, the director of the Hospital, decided to order a research "on the dissemination of false news with the risk of causing panic", and actually criminalized the fact of claiming safe and decent working conditions by the hospital employees, without any reaction by the Ministry of Health.
On 04/04/2020 it was announced that a special Protocol for the protection of health workers (doctors, nurses, paramedics etc) against the coronavirus SARS- CoV-2 has been approved, since until that point, at least 125 health workers have been reported positive to COVID-19 (at 04/11/2020 the reported number was doubled- 245), six (6) with severe pneumonia and one (1) dead. 500 have been quarantined. The above mentioned special Protocol was designed so as to reduce the risk of getting infected, but also, in case of infection, to be non- contagious carriers and consists the classification of healthcare staff into two groups: one receiving Chloroquine phosphate and the second colchicines. That means that they will be receiving (voluntarily?) medication approved for other diseases, participating in an experimental clinical study. At the same time (middle of March), the National Public Health Organization (EODY) introduced a new tactic against the medical stuff exposed to the virus. They are no more put in isolation, but they are only tested and in the meanwhile they keep working. I some cases (for example Kozani hospital, where many cases of patients with Covid-19 were confirmed) it has been reported that members of the health stuff exposed to the virus, remained in service without even being tested. On 23/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10237/23-04-2020, complaining that after the applause and thanks to the "heroic warriors of the National Health System" the auxiliary doctors serving in the Daphne Psychiatric Hospital of Athens, were informed by the secretariat of the administration of the 2nd Ministry of Foreign Affairs that they will be fired in the fall. These are auxiliary doctors whose contract duration was initially for 3 years and was later reduced to one year. On April 28, OENGE and a number of professional health workers' unions across Greece staged demonstrations in the gates and courtyards of public hospitals, health centers and the Health Districts. Health workers from Attica's hospitals were once again found
outside the Ministry of Health this afternoon, protesting their indignation at the major problems they face every day in the midst of a pandemic and demanding their solution. On that day, a delegation of the Executive Secretariat and the General Council of the Federation of Hospital Doctors Associations of Greece (OENGE), the Association of Doctors of Hospitals of Athens - Piraeus (EINAP), together with representatives of Associations of Employees of Attica Hospitals were present, while the President of OENGE Aphrodite Retzimikou submitted the memorandum with their requests to the Ministry of Health. In a statement of the President of OENGE, she said that the mobilization was another step in the action of the Federation of Hospital Doctors, together with other Unions in the field of health, complaining that the time gained has not been used to take all necessary measures to shield the public health system to be able to cope with a possible second wave of the pandemic in the fall. She referred to staff shortages, stressing that only 402 auxiliary doctors have been hired, when the vacancies based on insufficient organizations are 6,500 and the existing ones are forced into exhaustive shifts which will not be paid in full. She also complained that even now during the pandemic, auxiliary doctors are fired! She noted the increase in morbidity and mortality due to under-treatment of patients with other chronic diseases, left without (suitable or any at all) health care, due to the suspension of the public health system, calling for the immediate reopening of departments and clinics whose operation had been suspended during the epidemic. A prerequisite for such a thing - as she noted - is the testing of all patients who would be admitted to hospitals, the return of all health care that have been transferred to colonial reference clinics, the strengthening of the necessary permanent staff of the public health system, but and conducting tests on all healthcare providers in the public and private health sectors.
Another crucial issue she raised was that adequate masks for high respiratory protection have not yet been provided.
Summing up, she underlined that "this is the purpose of today's action station, not to dismiss any assistant colleagues, to make them permanent and to appoint them to permanent positions, not to dismiss any contractor in the public health system, to fill all vacancies in organic positions, to ensure the necessary means of protection, to integrate the health workers in the category of “heavy and unhealthy employements”, to impose all the structures of the private health sector and to include the self-employed in a unified state plan to tackle the epidemic. "
The secretary general of OENGE, Panagiotis Papanikolaou, said that the supply of healthcare products with personal protective equipment appropriate in quality and quantity in quantity, since as he noted "their health protection is a prerequisite for the protection of people's health", while he complained that we are seeing a return to the status of Personal Protective Equipment given by the dropper ”.
For his part, EINAP's secretary and president of the Evangelismos Workers' Union, Elias Sioras, described the fact that hundreds of thousands of people who are chronically ill have been abandoned during this time. As he said, heart patients come to hospitals late or not at all with the consequences of this! The Health Centers are completely weakened, the gaps in the hospitals are huge, a total of 30,000 health workers in all sectors are missing, the technical and administrative services are dismantled, as well as the disinfection services! Against this background, he noted that the de-escalation of the pandemic is being borne by the people and the health authorities, not the government!
B) What were the main state-level policies and support measures to all affected professionals (mainly lawyers, but also of other scientific sectors).
Since mid-March, Courts and other services related to their Function have been closed and citizens have been quarantined in order for the Covid-19 spread to be contained, following the virus’ characterization by the WHO as a pandemic, and taking into consideration the dire condition of neighboring European countries such as Italy, where the virus had spread to large amounts of the general population. For the purposes of swift legislative regulations in the interest of public health, the Greek Government proceeded to a series of Joint Ministerial Decisions and Acts of Legislative content, special procedures stipulated by the Constitution (please find annexed a translation of the relevant provisions in the Constitution). The legislative measures would aim in the direction of two axes; firstly, the promotion of self-isolation and social distancing, which brought about the closure of schools, Courts and many businesses and the restriction of financial activity for individuals; and secondly, the enhancement and support of the national health system and the national economy, which was already receiving blows both from the legislative measures of the 1st axis as well as the worldwide financial effects of the Coronavirus Pandemic in global markets.
On 11-03-2020, a Legislative Content Act titled “Urgent measures to address the negative consequences of the occurrence of COVID-19 coronavirus and the need to limit its spread” was issued and published in the Governmental Gazzette (FEK) no. 55/A/11-32020. It provided for wide powers in the competent ministers to proceed to swift and wide-reaching regulations in order to stand up to the occasion of the Covid-19 pandemic and promote public health and order. Article 11 in particular stated: “Article 11- Temporary suspension of courts and prosecutorial authorities- 1. For the purpose of avoiding the risk of occurrence or /and possibly COVID-19 coronavirus spread, which could have a serious impact on public health, the measure of provisional, partial or complete suspension of the operation of the courts may be ordered, including country's public prosecutorial authorities, and military courts, as well as the national School of Judges. 2. The measure referred to in paragraph 1 shall be imposed by joint decision of the Ministers of Health and Justice, and of Minister of National Defense in the case of military courts, following the opinion of the National Committee on the Protection of Public Health against coronavirus COVID-19. A similar decision shall also specify any relevant and necessary provision for the issues; suspension or extension of procedural time limits, suspension or extension of limitations; enforcement and enforcement procedures; provision of temporary judicial protection; as well as for all other issues that concern them under the temporary suspension arrangements courts and prosecutors' offices in the country”. On 12-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ. 17734/2020 was issued and published in the Governmental Gazzette (FEK) no. 833/Β/12-3-2020. It ordered the closure of all courthouses and prosecutorial offices in the totality of the Greek State, for the timespan of 13-03-2020 until 27-03-2020. As such, the activity of all courthouses from all jurisdictions and serving all legal fields were discontinued for this time-frame. This meant the discontinuance of not only court hearings, but any activity completed inside the courthouses. Not only were the locations barred from access to the public, but the activities of public servants working as administrative clerks in the Courthouses was also discontinued, either by law or voluntarily, since the people did not wish to expose themselves to the health hazard of the pandemic. The only exceptions from this general rule were procedures of a time-sensitive nature, such as in flagrante delicto procedures, criminal procedures at risk of prescription,
injunction and interim measures petitions and petitions regarding remand prisoners close to exceeding 18 months of remand detention. No infrastructure or provision was or had ever been made along the years, despite relevant promises by previous governments, for the modernization of the legal profession in Greece, resulting in a dire situation where simple work which could be done electronically had to be done manually and in person, resulting in chronic issues of mass influxes in the Courthouses, long waiting lines, and useless burdening of citizens, lawyers and clerks, forcing them to work in poor conditions, perceived by many as humiliating from both a human and a legal point of view. On 16-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.18176/2020 was issued and published in the Governmental Gazette (FEK) no. 864/Β/15-3-2020. It further regulated exceptions to the general rule of closure and ordered the continued closure of legal activity and courthouses until 27-03-2020, where the matter would be revisited. 11. On 19-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.19738/2020 was issued and published in the Governmental Gazette (FEK) no. 936/Β/19-3-2020. It ordered the closure of all Land Registries and Cadastre offices for the time frame of 20-03-2020 until 02-04-2020, further limiting the already extremely narrow range of legal activities left for lawyers across the country. The closing of the Cadastre and land registries now added the ban on legal work pertaining to land titles and legal provisions on land. No provision of modernization existed for this strand of legal work, either. On 20-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.12687/2020 was issued and published in the Governmental Gazette (FEK) no. 939/Β/20-3-2020. Pursuant to article 15 of Legislative Content Act dated 11-03-2020. The JMD ordered the discontinuance of work for the Athens Central Asylum Service, restricting legal activity that lawyers could provide in the context of refugee and asylum law. In the meantime and in the spirit of supporting national economy and protecting the citizens from financial ruin, the Greek Government announced via its Prime Minister, among other measures aimed at protecting workers and businesses, that all affected freelancers and self-employed in Greece would be given a sum of 800 Euros, intended to cover for their immediate needs. The goal of these measures would be the counterbalancing of loss of income from midMarch to the end of April 2020. Since the quarantine was projected to last until the end of April, and the national economy was in a state of paralysis, the ensuing situation of minimal or zero income would have to be mitigated by analogous measures to
counterbalance the ongoing costs towards the Public sector. Such costs could include insurance dues, taxation, compensation of clerks or workers employed in a stagnating business, postponement in the payment of utilities, etc. The program was not ill-received by the public, and the President of the Athens Bar Association, and also President of the Summit Meeting of Bar Associations sent, on 1703-2020, a letter to the competent Ministers, requesting affirmation of the lawyers’ inclusion in the package of financial relief and proposing certain measures that would further relieve legal professionals from further harm (annexed). On 18-03-2020, the inclusion of, specifically, lawyers in the groups for which the 800 EUR sum would be provided was confirmed by the Minister of Development, Mr. Georgiadis , ; the tax category “legal services” was included in the Governmental list of affected professions to be supported. A non-paper circulated within Governmental cycles confirmed this plan. On 19-03-2020, the Prime Minister of Greece, Mr. Mitsotakis, reiterated the Governmental assurance that freelance lawyers would be included in the measures of financial relief and would receive the support of 800EUR . A notice was posted on the website of the General Secretariat for Citizen’s Protection, further confirming the above and repeating the affirmations also included in the non-paper of 18-03 , while the Minister for Development, Mr. Georgiadis, also repeated the aforementioned assurances, stating “well, we did close the courthouses…..so it goes without saying that they [the lawyers] would be included in the [800EUR] package” . On March 20th, the Minister of Finance, Mr. Staikouras, gave a press conference and also adhered to the initially announced measures of financial endorsement and the inclusion of lawyers in the package. This position was uploaded as an official press release in the Ministry’s website. On the same day, another legislative content Act was issued and published in the Governmental Gazzette (no. 68/A/20-03-2020). Article 8 stipulated that the exact procedure and means of receiving the incoming financial support would be promptly regulated within the week by JMD of the competent Ministers. Although this level of support can be considered largely incapable of covering for the needs of a large part of the lawyers practicing in Greece, and although it is significantly smaller than the one afforded to European Colleagues (please find a brief comparative study annexed to the present Request), the news of monetary support as an immediate aid
were received with great relief, whereas efforts were being made to widen the scope of the package to include trainee lawyers , and other measures for freelancers. The requested measures also included stalling in the payment of taxes, utilities etc., which so far had been reserved for businesses of a more structured nature, and not for freelancers, who legally merge their physical entity status with their legal entity status when registering with Taxation Services to open their law office. Citizens’ Circulation Ban and its Criticism by Lawyers On 23-03-2020, a ban on circulation of citizens was decided by the Greek Government. Despite assurances that the provision was in accordance with the foundations of the Rule of Law, the decision was faced with harsh criticism by a number of lawyers, as unconstitutional. Many lawyers criticized the “ban” and promoted the idea of “restriction”, especially through the social media, circulating inter alia the following: According to Art. 5 par 4 of the Constitution, individual administrative measures restricting any Greek citizen's free movement or establishment in the country are prohibited. Art.5 stipulates: “Article 5 1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages. All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. Individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, as specified by law. All persons have the right to the protection of their health and of their genetic identity. Matters relating to the protection of every person against biomedical interventions shall be specified by law. Interpretative clause: Paragraph 4 does not preclude the prohibition of exit from the country for persons being prosecuted on criminal charges by act of the public prosecutor, or the imposition of measures necessary for the protection of public health or the health of sick persons, as specified by law”.
Many lawyers reminded that this article of the Constitution belongs to the hard core of non-revisable provisions under Article 110 of the Constitution, which stipulates: “Article 110 1. The provisions of the Constitution shall be subject to revision with the exception of those which determine the form of government as a Parliamentary Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26. 2. The need for revision of the Constitution shall be ascertained by a resolution of Parliament adopted, on the proposal of not less than fifty Members of Parliament, by a three-fifths majority of the total number of its members in two ballots, held at least one month apart. This resolution shall define specifically the provisions to be revised. 3. Upon a resolution by Parliament on the revision of the Constitution, the next Parliament shall, in the course of its opening session, decide on the provisions to be revised by an absolute majority of the total number of its members. 4. Should a proposal for revision of the Constitution receive the majority of the votes of the total number of members but not the threefifths majority specified in paragraph 2, the next Parliament may, in its opening session, decide on the provisions to be revised by a three-fifths majority of the total number of its members. 5. Every duly voted revision of provisions of the Constitution shall be published in the Government Gazette within ten days of its adoption by Parliament and shall come into force through a special parliamentary resolution. 6. Revision of the Constitution is not permitted before the lapse of five years from the completion of a previous revision”. Therefore many lawyers supported the view that the imposition of a general traffic ban enforced upon Greek citizens is constitutionally baseless. This measure is legally enforced as an implementation of the Legislative Content Act adopted by the Greek Government to deal with coronavirus. Legislative Acts, however, laws cannot violate the Constitution by overturning the hierarchy of legal rules. As already mentioned, freedom of movement and establishment in the Greek territory, namely, the so-called stricto sensu personal freedom, is enshrined in Article 5 (3) of the Constitution. Regarding Legislative Acts, according to. Art 44: “In exceptional cases of extreme and unforeseen urgency, the President of the Republic may, on a proposal from the Council of Ministers, adopt legislative acts. Such acts shall be submitted to Parliament for ratification in accordance with the provisions of Art. 72 par 1 within forty days of their adoption or within forty days of convening the Parliament in session. If they are not
submitted to the Parliament within the aforementioned deadlines or if they are not approved within three months of their submission, they shall cease to apply”. The aforementioned article makes it amply clear that, according to the Greek legal system, there is no legal way to turn against an Act of Legislative Content before at least forty days after its publication, so, there is no legal way for a citizen to ask for immediate legal measures against such Act, if one’s rights are being violated by such an Act. As a result of the anti-constitutional measures that are imposed through the aforementioned Legislative Act, citizens in general and lawyers in particular are required to stay at home. The Courts are closed. People are prohibited to meet their lawyers due to the aforementioned Act. Lawyers cannot work and support themselves financially. The right to labour, which is protected by Art. 22 of the Greek constitution is violated: Article 22 1. Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all citizens and shall pursue the moral and material advancement of the rural and urban working population. All workers, irrespective of sex or other distinctions, shall be entitled to equal pay for work of equal value. 2. General working conditions shall be determined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration. 3. The matters relating to the conclusion of collective labour agreements by civil servants and the servants of local government agencies or of other public law legal persons, shall be specified by law. 4. Any form of compulsory work is prohibited. Special laws shall determine the requisition of personal services in case of war or mobilization or to face defence needs of the country or urgent social emergencies resulting from disasters or liable to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs. 5. The State shall care for the social security of the working people, as specified by law. Interpretative clause: The general working conditions include the definition of the manner of collection and the agent obliged to collect and return to trade unions membership fees specified in their respective by-laws”. Some lawyers also highlighted the effect of the ban to other rights as well, such as the right to work and the right to peaceful assembly. In summary, since the restriction on the movement of citizens was announced and legislated via LCA on 23-03-2020, a debate arose in legal circles. Numerous scholars of Constitutional Law or Human rights law voiced the strong opinion that the imposition of a circulation ban was unacceptable and disproportionate to the aim of protecting Public
Health, and thus contrary to Article 5 of the Constitution, while others, including Professors in Law, considered that the ban was legal –though not as “a ban”, but as a restriction. Many voiced the opinion that the Act paved the way for the State to entrench into the free choice of people’s movement and that it might create a dangerous precedent on total and extreme restriction of the citizen’s human rights, on the basis of prevention, for the benefit of the public; such a basis and argumentation, the dissident voices expressed, could in the future be abused and used as an excuse for a shift into more totalitarian models of governance. On the other hand, it has been argued that the measure of the restriction of movement is imposed in the context of the implementation of the constitutional obligation of the State to take care of public health (Art 21 par. 3). Moreover, it has been argued that the abovementioned measure complies with the constitution, because only “unnecessary movement” and not all movement is banned. The general population restriction of traffic cannot be justified according to Art 21 par. 3, others stated. Only the restrictions on the freedom of movement of persons for whom there is good evidence that they are suffering from an infectious or communicable disease can be justified according to Art. 21 par. 3. In case of general population restriction of traffic, as the one discussed, most lawyers seem to agree that there is a direct violation of the principle of proportionality, and a violation of the principle of proportionally balancing the violation of the constitutionally protected rights, when in conflict. Moreover, regarding art. 5 par. 4, the very concept of freedom implies that its exercise is not subject to state authorization. The same holds in the cases of peoples' movement and relocation within the country. This is the reason why this article of the Constitution belongs to the hard core of non-revisable provisions under Article 110 of the Constitution. The government is not authorized by the constitution to decide which movement is “unnecessary”. Partial freedom of movement is not provided for by the constitution. After the numerous opinions and criticism offered regarding the so-called “banning of movement”, it was renamed into “restriction of movement” for the citizens. At the same time, the fresh public discourse on the constitutionality of the restriction also hailed (either by chance or as a natural chain reaction) the beginning of increasing public scrutiny towards the governmental measures taken to combat the pandemic. 39. The reason for this result is the fact that, when discussing the constitutionality of one particular measure (e.g. banning movement of citizens), inevitably the same scrutiny will
follow for all measures taken. The issues of necessity, proportionality and “the best possible course of action in the interest of citizens” are not in play only regarding movement of the population. As such, in the week after the LCA was issued, harsh criticism arose regarding, among others, and not limited to: the public health policy, the steps taken to enhance the nearly collapsing National Health System, the measures of rotational work which entailed the risk of cutting monthly wages by 50% due to cutting work hours, the performance of public and free medical screening and tests for COVID-19, lack of an ability of the general population to be tested, doctors being applauded while at the same time unnecessarily exposed to danger of life and the government’s stance on the Church’s (delay to request closure of churches), in a selective disregard of the policy of provision and social distancing . Exclusion of lawyers from benefits Amidst mounting and even harsh criticism of some Governmental policies by selfemployed lawyers and doctors’ unions, it was announced that they would “finally” be excluded from the 800 euro support. As the news cycle was renewed, however, to report the lawyers’ sudden exclusion from the financial relief measures, the weight of criticism was manifestly shifted. On 24-03-2020 the Government announced that lawyers would be excluded from any financial support, “because they are scientists” (“επιστήμονες”). To be precise, while legal activities were still in the list of Codes of Professional Activity (KAD) that were to receive support from financial blows which were sure to cripple them, the updated legislative provisions via their wording essentially excluded them from immediate monetary support such as the 800EUR package. This spurred unprecedented criticism, but also terrified most lawyers, who forgot about mass dismissals from work, endangerment of doctors and lack of testing kits and turned to wonder how to ensure their own survival. Subsequently, it was announced that the Government would be provided them with Training Vouchers worth 600 EUR. On 27-03-2020, the Minister of Employment and Social Manners and the Minister of Justice as well as the Minister of Finance and the Minister of Development, via press releases, stated the following “clarifications” on the financial support to be given to freelancers and self-reliant business owners, particularly specific fields characterized as “scientific in nature”, whew lawyers were categorized.
According to the “clarifications”, people employed by individuals belonging in these categories legally (with a contract of dependent employment) were eligible for the package of 800EUR. Other than that, they would benefit from stallment in certain payments to the Public sector and be granted Training Vouchers worth 600EUR. The joint press release stated, regarding the not-yet legislated measures: “The Government is directly supporting 166,000 scientists, coming from all 6 key disciplines: Lawyers, Doctors (including dentists, psychiatrists and other medical staff), Engineering / Architects, Economists / Accountants and Researchers through an open program, 180mil. EUR high, with a voucher, with the method of asynchronous teleconferencing. The program will aim at upgrading the digital skills of the beneficiaries and the digital transformation in the relevant industry. The educational allowance will be paid in two installments upon completion of each module. Beneficiaries will also receive certification for training courses. The program will be implemented directly by the General Secretariat of Labor of the Ministry of Labor and Social Affairs and will be co-financed by resources. Beneficiaries' educational allowance will be EUR 600 for each of them and will cover 100 hours of training. The Government is taking responsibility for the country's scientific potential, adopting fast and efficient active support policies, not only to support it financially in the crisis caused by the coronavirus, but also to develop its skills by building new technologies and digital tools, useful for the profession or function, irrespective of the age or professional experience of its representatives. At the same time, it is working towards a speedy return to regularity by taking all appropriate measures to allow all disciplines to recover their incomes. To this end, it has already been decided to extend this judicial year. We stand by everyone, with solutions that suit every group of the country's active population. We turn the crisis into an opportunity for growth and learning”.
The exclusion of lawyers was largely attributed to the targeting of the profession in Greece and was escorted by other Union (i.e. notaries’) statements implying that lawyers are not that honest with taxation. A huge outcry followed on the part of lawyers, who perceived the recent stance as “persecution”, having culminated via a series of victimizing treatments and events during the past few years. Large segments of the lawyers’ community declared extremely traumatized and devaluated. Many wondered if they are going to feed their kids with education coupons while they are not enabled to work and are required to stay at home. Some proposed a march to the Courts, but such ideas were soon abandoned due to the coronavirus threat and the
prohibition of movement in the city for the reason of protest and definitely not in groups larger than 10 persons. The media did not give time for the lawyers’ representative to speak and circulated that “lawyers reject the support of 600 euros offered to them and ask for their inclusion in the 800 euro scheme”. The ABA declared in a statement, inter alia, that: “The Board of Directors of the Athens Bar Association condemns in the most manifest way the provocative withdrawal of the Government on the issue of the 800 euro allowance. When the Prime Minister himself and the allied ministers, unequivocally and unconditionally, assured that lawyers will receive the allowance and right afterwards disputed themselves, it is not just a matter of political inconsistency, but of the depreciation and stigma of an entire sector, which in the present urgent circumstances is fully deprived of its income. It is, after all, irrefutable that lawyers, more than any other branch of the self-employed, are tested by the coronavirus pandemic, as courts, registries and land offices are suspended by law, public services are under-served, law enforcement officers and bailiffs have declared a suspension of services and a ban on the movement of citizens has been imposed, which, as a result, does not allow judicial or extrajudicial work. In the face of the existential agony of a for-profit industry, a large part of which is no longer able to meet its current obligations and meet its needs, today's announcement of lawyers' participation in funded training programs via vouchers (worth 600 Euro each) constitutes a provocative mockery, which underestimates everyone's intelligence.” In order to further provocatively insult the sector of lawyers, keeping its decision to not provide to them a financial assistance, the Greek Government announced its decision to “prolong the judicial year” (suspending the summer judicial leaves), thus allegedly reassuring the lawyers that they will be able to work in July, in order to counterbalance the damage from the Courts’ preceding closure. In the meantime, governmental officials and MPs of the New Democracy Party, to which the Government belongs as a majority result, have proceeded to public statements regarding the matter which further exacerbated the feelings of indignation and humiliation experienced by lawyers nationwide. A narrative is emerging that the vouchers will somehow be translated into funds, after completion of the modules. However, no precise and legally justified explanation has been provided for this claim. For example, Mr. Georgiadis, the Minister for Development, stated “what is so wrong with every lawyer, mechanic etc. to receive 600 in cash via ESPA instead of sitting around?”
This spurred an immediate reaction from the Prosecutors’ Union (Judges and Prosecutors were not consulted prior to such decision), which addressed the Government with a fierce response , ending with the phrase: “we invite you to review the decision to adopt this measure, which will undoubtedly prove to be ineffective, and to take the necessary steps to properly and promptly financially support the lawyers, who are co-functionaries of Justice, but without including in them hasty, fragmented and ineffective solutions, which have no purpose other than to further entrench the system of attribution of justice”. The Union of Administrative Judges also circulated on 29-3-20 a press release in support of the lawyers: “NOTICE ABOUT THE EXCLUSION OF LAWYERS FROM THE INCOME OF 800 EUROS: The Association of Administrative Judges considers it unfair to exclude self-employed lawyers from the 800 euro allowance, as they too suffer from the consequences of the health crisis and support the just request of lawyers and law firms to be included in the measure”. Although support measures to all affected professionals who have been granted them refer to the period of March and April, it is clear that gradual return to normality will –in the best case scenario- start being effectuated after the first week of May, which will of course not include Courts and activities which require crowd gatherings. Judicial vacation in Greece starts on 1 July and ends on 15 September. Greece has made no provision for virtual trial; the replacement of the current procedure with one employing technology to such an extent is highly unlikely to take place promptly. At the same time, lawyers registered as such with the Taxation Services are by law barred from exercising any other subsidiary or secondary professional activity in a legal manner (“in the books”), as this is considered incompatible with lawyer’s dignity. This ban is provided for in the Code of Lawyers, article 7 para. 1: “Article 7 - Loss and miscarriage of the capacity of lawyer - 1. One automatically eliminates the status of lawyer and is deleted from his bar registry when: […] (c) One has been appointed or holds paid position under contract of employment or has an employment relationship to any natural or legal person; or public (civil or military), judicial, municipal or legal person of public or private law or Local Government Organizations in accordance with Article 31 of the Code, (d) One who acquires the position of a trader on the basis of commercial law or performs tasks or duties as a manager or a consultant, commander, administrator or a representative in any company with shared capital or personal business or joint venture (unless in the latter case, another specific law provides different), (e) One practicing another profession, in
particular dealer or broker, as well as any other work, service or employment that is not in the same line with the law function”.
Environment
In the midst of the pandemic and with the Parliament functioning only for urgent legislation, it was submitted for voting a law called "modernization of environmental legislation", which, according to wide decry of most major environmental NGOs functioning in Greece:
Eliminates the essence of Natura 2000 protection and even promotes mining and hydrocarbon mining in nature conservation areas
Puts at risk the protected areas, abolishing the autonomy of the Protected Areas Management Bodies (FDPP)
It allows the destruction of the environment in the name of voluntary investment plans, by assigning the control of studies (EIA) to individuals and by imposing suffocating deadlines for services' opinions.
Promotes the reckless expansion of industrial RES, especially wind farms, which have already caused environmental degradation and financial burden on consumers to ensure investors' super-profits
Legalizes arbitrarily built constructions within forestial areas and occasionally within wetlands and streams
Simplifies solid waste management processes and does not take measures against the degradation of streams by the uncontrolled disposal of urban and industrial wastewater in them.
Violates Constitutional provisions, European directives and international conventions
Taking into account that this comes for voting when citizens cannot really exercise their constitutional rights, such as calling for meetings and protests, the procedure too was characterized as “anti-democratic”.
Prisons
Measures were restricted to barring the prisoners from rights such as visiting, leaves and reception of items from relatives. There were no measures to counterbalance the effects on the psyche of prisoners. No prison decongestion measures were adopted, although the system
functions with an over-capacity of 25%, leaving hundreds sleeping on the floor and having less than 4 m2 each in prison. Peaceful protests were met with sudden transfers of prisoners acting as HRD and mass disciplinary prosecutions for “disobedience”.
Education
Schools closed up in the 2nd week of March. In Greece, schooling is compulsory and homeschooling is not an option for parents (exceptions are made for disabled children and in case of illness or proven travel obligations of the parents). Although e-learning platforms were exploited, it has been suggested that children would just keep contact with their teachers and class and make revisions –not proceed to learning new chapters. 30% of students could not enroll in e-classes. The ministry issued a request for parents lacking a pc to declare it to school directors, which they did. Upon that, though, the Ministry stated that not more than one PC, laptop or tablet would be given for every 45 students and a teacher! Which rendered access of the poor to e-class theoretical and illusory. It has been announced that students of the last grade will return to classes on 11 May, and all students from 12 to 17 will return to school on 18 May. After mid-April a new law was proposed for voting, aiming in the “modernization of education”. It has been criticized by academics and teachers’ unions as “leading us back to the past”. Inter alia, the maximum number of students in classes is increased and the inscription - assessment of “conduct” returns to the school records.
Feedback period
24 March 2020 – 4 May 2020 (midnight Brussels time)
Submitted by NGOs / civil society Organisations working on rule of law related issues.
-factual information on developments on the ground in Greece regarding doctors, lawyers and, very briefly, the environment and education-
Athens, 4 May 2020
The 2019–20 coronavirus pandemic first appeared in Greece on 26 February 2020 when the first COVID-19 case, a 38-year-old woman from Thessaloniki, who had recently visited Νorthern Italy, was confirmed. Subsequent cases in late February and early March related to people who had travelled to Italy and a group of pilgrims, who had travelled to Israel and Egypt, as well as their contacts. The first death from COVID-19 in Greece was a 66-year-old man, who died on 12 March. As of 3 May 2020, there have been 2,620 confirmed cases and 143 deaths. The present report tries to shed a light on how the crisis was handled at state level and in particular: A) How the government dealt with the health system resources (mostly the public infrastructures and stuff) and B) What were the main state-level policies and support measures to all affected professionals (mainly lawyers, but also of other scientific sectors). ----------------------------------------------------
A) How the government dealt with the health system resources (mostly the public infrastructures and staff)
The country’s ability to cope with a public health emergency of such proportions was not a given. After almost a decade embroiled in debt crisis – years in which its economy contracted by 26% – Greece’s health system has far from recovered. The national health system is dismantled at all levels: organizational, infrastructure, equipment, personnel, and financial resources. This dissolution has lasted for about three decades and is the result of political choices by the entire political system. But especially during the memorandum period, the dismantling of the system took on explosive proportions as through the continuous reduction of expenditures, which were implemented by politicians at the request of lenders, the national public health system was reduced to health units and hospitals, staff reduction, reduction of benefits to reach the current tragic situation. Continuous spending cuts, the application of private-financial criteria in the operation of public hospitals, lists, closed public
hospitals and intensive care, hospital mergers, privatization of medical services (afternoon) high costs), staff reductions, hospital privatizations, etc. Regarding the public expenditure, below are presented the available data (2009-2017) of Health expenditure by the Hellenic Statistical Authority (ELSTAT). In the examined period, public expenditures at current prices decreased from 15.4 billion euros to 8.8, ie by 6.6 billion or 42.3%. Their share in GDP, despite its dramatic decrease of 24%, fell from 6.5% in 2009 to 4.9%. The situation after 2017 as described in the state budgets has not changed- instead it continues to get worse. The public expenditure for hospitals and primary health care, although the country came out of the memoranda, it continues to decline. In the period 2017-2020 it is reduced by 264 million euros or 9.4% and now corresponds to 1.3% of GDP from 1.6% in 2017. State hospitals bore the brunt of cuts demanded in return for rescue loans from international lenders to keep the nation afloat and in the eurozone. With the epidemic’s arrival in Europe, officials were forced to acknowledge, 18 months after the country exited its third bailout, that it had only 560 intensive care unit (ICU) beds (at the end o March 2020 the ICU capacity was up to 910 beds via public sector coordination, cooperation with private sector and donations). The situation in the hospitals was marginal. The health workers were struggling with great difficulties in equipment and working without schedule. On 29 March 2020, a doctor of Attiko, vice president of the Hospital Workers' Union and a member of the general council of the Association of Greek Hospital Doctors (OENGE), George Sideris, reports there are 6,000 vacancies nationwide for doctors and 30,000 for other staff. At the same time, the Panhellenic Association of Stretcher-bearers, announced on 03/30/2020 tragic lacks of stretcher-bearers in hospitals across the country- there are cases of hospitals that do not have not even a carrier. Also they report that they were obliged to use the same equipment in all incidents throughout their entire shift. During all this emergent period the State instead of supporting the National Health System, decided to favor the private clinics, to the detriment of the recovery of the public health system, by overprizing the use of Private Intensive Care Units (I.C.U.) and even awarding more the private clinics that had not previously cooperated with the State before. According to the Act of Legislative Content of 25/02/2020 was predicted that for a period of 4 months from the publication and if there is still an immediate risk of corona occurrence and spread, it may be ordered, by joint decision of the Ministers of Finance and Health, the compulsory disposal of the public to meet public health needs, private care clinics
and clinics, (..) to cover public health related to coronary heart disease, as long as they cannot be treated differently. The same decision would predict also the specific needs of public health, the committed quantities of materials and facilities, the time of commitment, the manner of compensation of the materials or facilities necessary for public health, as well as any relevant details for it’s implementation. At the same time in Greece’s Public Hospitals, instead of 3.500 Intensive Care Units (I.C.U.) operate only 559, and 80 although equipped remain closed due to lack of staff. According to art. 21 of the "Unified Regulation of Health Provisions (EKPY) of the National Service Provider Health (EOPYY)”, every private clinic with Intensive Care Unit (I.C.U.), is obliged to declare to (EOPPY) from all the beds of I.C.U.. the bed the clinic will provide to (EOPPY) for the treatment of patients, with EOPYY pricing and without the patient's participation, either the patient comes from a public structure or from another private Clinic, due to the burden of its general condition that requires hospitalization in an (I.C.U.). The daily hospitalization in a private (I.C.U.) is determined: a. 800 euros for the first three (3) days of hospitalization, b. 550 euros from the fourth (4) to the fifteenth (15) day of hospitalization, c. 400 euros for the rest of the necessary hospitalization. The “hospitalization” in a (I.C.U) includes every expense, except specific ones, mentioned analytically in the (EKPY), such as substitution therapy only renal function (Hemodialysis). With the Joint Ministerial Decision of Ministers of Economics and Health, of 13/03/2020, was decided that in case the beds in the public structures are not sufficient for the transport of patients, hospital beds and ICU beds may be available in private clinics, which have, according to their operating license, corresponding departments for the medical care of patients, and in excess of the number of those available to EOPYY under relevant Memorandum of Cooperation, pursuant to Article 21 of the EKPY. In case of hospitalization in a private ICU-hospital-clinic ICU, the daily ICU compensation fee, for the application of the present, corresponds to the daily hospitalization multiplied by salary rate 2.09. Additionally, except of the Hemodialysis one catalogue of services and medicines will be remunerated separately. In other words, while the Public Hospitals and their personnel had to continue working with extreme shortages in material and mainly in personnel, (having as a result to be risking the personnel’s and the patients’ health, by imposing to any health worker showing symptoms of Covid 19 to stay in quarantine 7 days instead of 14), the government decided the overpricing of the use of private ICU of several other services and medicines, than what was already regulated before the Corona virus crisis occurred.
Under those situations the Federation of Hospital Doctors Associations of Greece (OENGE) on 01/04/2020, gave a press conference which was covered by the National Television (ERT), but was later silenced by news bulletins of ERT. In the press conference the President of the Federation underlined the above: In total, before the pandemic, there were 30,000 vacancies in organic positions. Even at this moment, the government could immediately hire between the 2000-2500 thousand applicants for the 950 positions of permanent doctors. Already by the first moments of the pandemic the State treated the Health Workers in the National Health System with populism. On the one hand the government’s representatives called the population of Greece to applaud by their balconies the “heroes with the white and green T-Shirts” as they called them and on the other hand, they would not even accept to meet the representatives of the Health Workers I order to discuss the lacks, the needs and the propositions of solutions for the Health System, as denounced already since 16/03/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) with its announcement Pr. Nr. 10155, which was asking this meeting since 27/02/2020 with its document Pr. Nr. 10065. On 13/03/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) with its announcement Pr. Nr. 10154 denounced the government’s mockery against the population and the Health Workers in the Public Health System, as two days after the speech of the Prime Minister K. Mitsotakis, who assured that already the government is doing what is needed to shield Public Health and spoke of hiring doctors, a day after the "dramatic appeal" of Health Minister Vassilis Kikilias calling on doctors "to apply" to be hired on twoyear contracts and then to remain in the National Health System ", in the announcement that runs for 2,000 auxiliary staff positions and which expires on Sunday 15/3, there is not a single (1) auxiliary doctor position. In addition to that, instead of making permanent those already serving, whose term expires starting from March 30/9, the government extends their contract for only 4 months and does not hire doctors whose term has expired and for whom they have already been completed the appointment procedures awaiting them to pass 3 months since their last convention ended. In addition to general reports on the addition of beds to ICU, the government is not committed to hiring the necessary medical and nursing staff to open the 100 closed ICU beds that exist in the public hospitals and stay empty and non-functional because of the lack on personnel. The Federation ended its announcement by demanding the State to: - Immediately hire all the necessary staff to open all the ICU closed beds, - Without delay, hire fellow assistants even if three months have not elapsed since the
expiration of the previous contract, -Appointment to permanent positions of all assisted physicians currently serving. None of those demands were answered by the State, which on the contrary gave overpriced benefits to the private clinics during the pandemic and while putting the health of the public health workers and the public health system itself in danger. The state tried to overcome the staffing crisis by calling to recruit retirees (that means people over 65-70 years old that obviously belong to a vulnerable group) or even medical students, to volunteer in the Greek NHS and fill the voids. Also invited even citizens to volunteer in the NHS, for clerical and technical positions, and on 10 March, the government decided to suspend the operation of educational institutions of all levels nationwide and then, on 13 March, to close down all cafes, bars, museums, shopping centres, sports facilities and restaurants in the country. On 16 March, all retail shops were also closed, and all services in all areas of religious worship of any religion or dogma were suspended. The Ministry of Health has repeatedly avoided meeting with the representatives of the employees in the public hospitals, listening to their requests and discussing with them the needs of the Public Health System especially with their corona virus pandemic crisis. According to the announcement Pr. Nr. 10158 of 19/03/2020 of the Federation of Hospital Doctors Associations of Greece (OENGE) on that day the Minister of Health V. Kikilias and the Deputy Minister of Health V. Kontozamanis refused to meet the delegation of hospital doctors, "because of a corona virus"! In other words, the ministers invoked the coronavirus epidemic in order to avoid hearing what the hospital doctors say in order to deal effectively with the coronavirus epidemic. On 22 March, the Greek authorities announced restrictions on all non-essential movement throughout the country, starting from 6 a.m on 23 March. On 4 April these restrictions were extended until 27 April and on 23 April they were extended until 4 May. At the same time, doctors and nurses are reporting also huge shortages of medical supplies and personal protective gear (face masks, face or eye protection- face shields or spectrum glasses, disposal gloves, gowns or protective aprons etc), lax safety protocols, and a high level of stress in their workplaces (hospitals and medical facilities). Some hospitals have been forced to produce personal protective equipment, such as masks, using substandard materials, putting stuff and patients in severe danger. The president of the Panhellenic Federation of Public Hospital Employees (POEDIN) reported on 03/19/2020 that: - the greek NHS consists of 650 health units with 100.000,00 employees. According to the official
information system (ESYNET) of the Health Ministry the stock at that point was: 1.070 million simple surgical face masks, 61.000 high protection masks (FFP-2 & FFP-3), 27.5 million non-sterile & 2 million sterile gloves, 90.000 bottles with antiseptic and 23.500 high protection uniforms. Due to the insufficiency of the stock in many cases the members of the medical stuff were obliged to the re-use of the protective equipment (keep the protective gear on until the end of their shift). In several moments during April 2020, doctors from different Public Hospitals (such as Attikon Hospital, Sotiria Hospital (which are two of the 10 reference hospitals in Greece for the treatment of corona virus pandemic), General Hospital of Livadia-Thiva, Aiginio Health Center, addressed the Ministry of Health asking for information concerning the provenance and identification of the type of masks that had been provided to them and denounced the unsuitability of those masks and asked for the immediate withdrawal and replacement of those masks that have been distributed without being certified for medical use, without being for high protection, but for air pollution. After those denouncements the Federation of Hospital Doctors Associations of Greece (OENGE) asked for the control of those denouncements of the doctors masks but in response the Deputy Minister of Health, Mr. Kontozamanis, instead of taking seriously the denouncements of the doctors and controlling the provenance and the suitability of the masks, called the doctors of the Covid 19 wing of the "Sotiria" Hospital, who from the beginning or the health crisis, daily and incessantly, were not just on the front line but on the most advanced line of battle against the epidemic, LIARS. He called liars those that the government was calling "the heroes in white and green T-shirts". On 07/04/2020 - World Action Day for Health, Health Workers in public hospitals around Greece (Attikon Hospital of Attica, Sotiria Hospital of Attica, Agia Olga of Attica, Pedon Hospital of Attica, Geniko Hospital of Attica, Asklipieio Voulas Hospital of Attica, General Hospital of Larisa, General Hospital of Livadia-Thiva, General Hospital of Serres, protested under the umbrella of the the Federation of Hospital Doctors Associations of Greece (OENGE), General University Hospital of Heraclion- Crete, General Hospital of Kavala, General Hospital of Nikea-Pireaus, General Hospital of Lesvos, General Hospital of Trikala, General Hospital of Alexandroupoli, General Hospital of Chania Crete, Health Center of Leros, Lipsi Regional Clinic, General Hospital of Kefalonia, General Hospital of Zakynthos, Chalkida, Health Center of Psachna, General Hospital of Grevena, Psychiatric Hospital of Thessaloniki, Papanikolaoy Hospital of Thessaloniki, Ippokratio Hospital of Thessaloniki, Aigio General Hospital, General Hospital of Parta, Health Center of Zagora,
General Hospital of Volos, General Hospital of Samos and Evangelismos of Attika, protested, by respecting all the necessary measures – keeping distances, wearing masks etc (as being anyway the most suitable and educated people to do so), in the entrances- in the courtyard of hospitals, for the severe deficiencies and problems that they face, denouncing the insufficient support measures of the National Health System and shortcomings in the individual means of protection of employees in public health structures. Policemen of the motorized police team “Zeus”, invaded the courtyard of the hospital and attempted to suppress the protest rally but after the outcry of the Protesting Health Workers left the Hospital. On 11/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10227, denouncing the decision of the "Committee for Emergency Management of Public Health by Infectious Factors" of the Ministry of Health, regarding the protection measures to be taken by health professionals who care for patients with COVID-19 disease in the country's health units was made public on 09/04/2020 and according to which, the medical staff who treat patients in wards and ICU COVID-19, do NOT need High Respiratory masks, but only simple surgical masks when "there are no conditions for airway formation", in direct contrast to the World’s Health Organization instructions of 19/03/2020, according to which, it is considered necessary for health professionals to have complete and specific protection equipment, when in contact with COVID-19 patients: N95 high protection masks, goggles, gloves, and double robe (disposable form and waterproof apron). WHO even predicted that if a health care provider does not always use the above equipment in every contact with a suspected or confirmed case of coronary heart disease, then it belongs to high-risk groups for possible exposure to the corona virus. And in this case, if he/she does not wear any of the above, it is recommended: - to stop any contact with patients for 14 days, counting from the last day he came in contact with a confirmed case, - to be tested in a laboratory, - to stay in quarantine for 14 days and - to be provided with psychological support during quarantine. The announcement-denouncement of the Federation contained the following questions 1. What are the criteria that determine the instructions of the Ministry of Health and its competent committees? Where and to what extent are the relevant international directives violated? 2. What does it mean "when there are no conditions for aerosol formation"? Do the famous "Experts" have any contact with reality? Do they know that a series of manipulations (cardiopulmonary resuscitation, use of AMBU) performed even in ICUs, where health and patients are crowded, can cause airway obstruction? Do they think that patients with COVID
19 are treated in outdoor, sunny and airy fields? 3. Is it, yes or no, the confession document that there is a great shortage of masks REALLY High Respiratory Protection ffp2 and ffp3? 4. Why is the document unsigned? Why are the members of the "Committee of Experts" hiding from the health workers? Why don't they take responsibility for the health of health workers? If they are really scientists, why don't they take the courage of their scientific opinion? And underlined that the above-mentioned Committee has exceeded all limits and should stop the communication tricks, take their responsibilities, stop endangering the health and lives of the health workers and demanded the withdraw the inadmissible document which we do not consider to be valid since it is unsigned, the supply with adequate quantity and quality-appropriate Personal Protective Equipment, which definitely include YAP Ffp2 masks in the treatment of suspected cases and in the treatment of confirmed cases in COVID19 wings and 19 YAPTH-FFV masks as well as in ME manipulations that may cause aerosolization (intubation, confirmed or suspected case bronchoscopy, etc.).
City officials were unable or unwilling to provide any numbers on how many medical workers have been found positive for Covid-19, since the covid-19 tests remained in short supply. According to the Panhellenic Federation of Public Hospital Employees, up to 18 March 2020, a total of 44 doctors, nurses and rescuers were ill while tracking their colleagues continues. More than 300 public hospital employees were quarantined either because they have been found positive or because they have come into contact with cases without proper protection. Also, based on the data available to POEDIN, there were dozens of cases in the nursing staff, namely: 2 at Alexandra Hospital, 5 at Agios Savvas, 9 at Gennimatas, 1 at EKAV, 3 at Laiko, 1 in Ippokratio, 2 in Nimetz, 1 in Attiko, 3 in Agia Olga, 1 in the Red Cross, while in the region we have 9 in the hospital of Kastoria, 1 in the University Hospital of Ioannina, 2 in the hospital of Kalamata, 1 in the hospital of Pyrgos, 1 in Amaliada, 1 in Arta and 1 case of the hospital's nursing staff faces of Rio. While there are 4 people from the nursing staff in Dromokaitio who have symptoms. According to POEDIN, Greece’s National Public Health Organization (EODY), reduced quarantine time for the medical workers who show symptoms from 14 days down to 7 days, in order to prevent the further deterioration of the health system’s capacity. Also, it has been reported, that health workers with underlying health issues were not allowed to take a leave, despite the medical advises. On 13/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10228, denounced that in violation of the Act of Legislative
Content published in the Government Gazette 55 / A '/ 11-03-2020), which provides that parental leave for special purposes are granted in case of single parent families, if the spouse is serving or working abroad, if the spouse works in the private sector and does not use the special purpose leave or the ability to work remotely, if the spouse works in the public sector and the granting of a special purpose permit is not approved with a reasoned report of the institution in which he/she works, it is observed and denounced that applications for special permits of several Hospital Doctors and Nurses are being rejected without any justifiable decision and they are blackmailed and threatened when claiming their legal inalienable right. The Federation urged the political leadership of the Ministry of Health and the Ministry of the Interior to take directly all necessary measures to implement the provisions and grant all those who meet the conditions of the special purpose permits. On 13/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10229/23-04-2020, denouncing that the Act of Legislative Content, which defines vulnerable high-risk groups that must be excluded from their work, does not include serious illnesses such as autoimmune diseases for which they receive cytostatics or biological agents, degenerative diseases of the CNS (eg Multiple sclerosis), hemoglobinopathies (eg homozygous b - Mediterranean anemia). According to the announcement having employees who still work despite suffering from the above diseases is criminal and underlined that Infectious Diseases Committees of many hospitals have suggested to the administrations and the Ministry of Health that those who suffer from these diseases be included in the vulnerable groups at high risk, however, for the past two weeks no answer has been given. In was also stated that there is no provision for those living with people at high risk for serious covid-19 infection, which puts the health of their loved ones at risk and demanded the expansion of the high-risk groups and of the right to special leave with full remuneration for those suffering from these diseases, the clarification of the ambiguities that arise from the general terms "severe lung disease" and "severe heart disease" mentioned in the Joined Ministerial Decisions (F.E.K. / 928 / B / 18-03-2020) and that those who live with persons belonging to high-risk groups for serious COVID-19 infection to be entitled to a special leave of absence in order to ensure the health of their relatives. Additionally in some cases the reactions, the denouncements and the information to the public concerning the severe conditions, under which several hospitals are functioning, by the doctors and their Associations had been confronted with blackmailing aesthetics and attempts to prevent the union rights of health workers - doctors and nurses. The case of the Heraklion General University Hospital – PAGNI, where after denouncements of the President
of the Workers’ Union- Dimitris Vrysalis, concerning the severe conditions under which the hospital is functioning (lacks of personnel, material, rooms etc), the expression of the personnel’s concerns and solution claims under the circumstances of the Corona virus pandemic, the director of the Hospital, decided to order a research "on the dissemination of false news with the risk of causing panic", and actually criminalized the fact of claiming safe and decent working conditions by the hospital employees, without any reaction by the Ministry of Health.
On 04/04/2020 it was announced that a special Protocol for the protection of health workers (doctors, nurses, paramedics etc) against the coronavirus SARS- CoV-2 has been approved, since until that point, at least 125 health workers have been reported positive to COVID-19 (at 04/11/2020 the reported number was doubled- 245), six (6) with severe pneumonia and one (1) dead. 500 have been quarantined. The above mentioned special Protocol was designed so as to reduce the risk of getting infected, but also, in case of infection, to be non- contagious carriers and consists the classification of healthcare staff into two groups: one receiving Chloroquine phosphate and the second colchicines. That means that they will be receiving (voluntarily?) medication approved for other diseases, participating in an experimental clinical study. At the same time (middle of March), the National Public Health Organization (EODY) introduced a new tactic against the medical stuff exposed to the virus. They are no more put in isolation, but they are only tested and in the meanwhile they keep working. I some cases (for example Kozani hospital, where many cases of patients with Covid-19 were confirmed) it has been reported that members of the health stuff exposed to the virus, remained in service without even being tested. On 23/04/2020 the Federation of Hospital Doctors Associations of Greece (OENGE) issued an announcement pr. Nr. 10237/23-04-2020, complaining that after the applause and thanks to the "heroic warriors of the National Health System" the auxiliary doctors serving in the Daphne Psychiatric Hospital of Athens, were informed by the secretariat of the administration of the 2nd Ministry of Foreign Affairs that they will be fired in the fall. These are auxiliary doctors whose contract duration was initially for 3 years and was later reduced to one year. On April 28, OENGE and a number of professional health workers' unions across Greece staged demonstrations in the gates and courtyards of public hospitals, health centers and the Health Districts. Health workers from Attica's hospitals were once again found
outside the Ministry of Health this afternoon, protesting their indignation at the major problems they face every day in the midst of a pandemic and demanding their solution. On that day, a delegation of the Executive Secretariat and the General Council of the Federation of Hospital Doctors Associations of Greece (OENGE), the Association of Doctors of Hospitals of Athens - Piraeus (EINAP), together with representatives of Associations of Employees of Attica Hospitals were present, while the President of OENGE Aphrodite Retzimikou submitted the memorandum with their requests to the Ministry of Health. In a statement of the President of OENGE, she said that the mobilization was another step in the action of the Federation of Hospital Doctors, together with other Unions in the field of health, complaining that the time gained has not been used to take all necessary measures to shield the public health system to be able to cope with a possible second wave of the pandemic in the fall. She referred to staff shortages, stressing that only 402 auxiliary doctors have been hired, when the vacancies based on insufficient organizations are 6,500 and the existing ones are forced into exhaustive shifts which will not be paid in full. She also complained that even now during the pandemic, auxiliary doctors are fired! She noted the increase in morbidity and mortality due to under-treatment of patients with other chronic diseases, left without (suitable or any at all) health care, due to the suspension of the public health system, calling for the immediate reopening of departments and clinics whose operation had been suspended during the epidemic. A prerequisite for such a thing - as she noted - is the testing of all patients who would be admitted to hospitals, the return of all health care that have been transferred to colonial reference clinics, the strengthening of the necessary permanent staff of the public health system, but and conducting tests on all healthcare providers in the public and private health sectors.
Another crucial issue she raised was that adequate masks for high respiratory protection have not yet been provided.
Summing up, she underlined that "this is the purpose of today's action station, not to dismiss any assistant colleagues, to make them permanent and to appoint them to permanent positions, not to dismiss any contractor in the public health system, to fill all vacancies in organic positions, to ensure the necessary means of protection, to integrate the health workers in the category of “heavy and unhealthy employements”, to impose all the structures of the private health sector and to include the self-employed in a unified state plan to tackle the epidemic. "
The secretary general of OENGE, Panagiotis Papanikolaou, said that the supply of healthcare products with personal protective equipment appropriate in quality and quantity in quantity, since as he noted "their health protection is a prerequisite for the protection of people's health", while he complained that we are seeing a return to the status of Personal Protective Equipment given by the dropper ”.
For his part, EINAP's secretary and president of the Evangelismos Workers' Union, Elias Sioras, described the fact that hundreds of thousands of people who are chronically ill have been abandoned during this time. As he said, heart patients come to hospitals late or not at all with the consequences of this! The Health Centers are completely weakened, the gaps in the hospitals are huge, a total of 30,000 health workers in all sectors are missing, the technical and administrative services are dismantled, as well as the disinfection services! Against this background, he noted that the de-escalation of the pandemic is being borne by the people and the health authorities, not the government!
B) What were the main state-level policies and support measures to all affected professionals (mainly lawyers, but also of other scientific sectors).
Since mid-March, Courts and other services related to their Function have been closed and citizens have been quarantined in order for the Covid-19 spread to be contained, following the virus’ characterization by the WHO as a pandemic, and taking into consideration the dire condition of neighboring European countries such as Italy, where the virus had spread to large amounts of the general population. For the purposes of swift legislative regulations in the interest of public health, the Greek Government proceeded to a series of Joint Ministerial Decisions and Acts of Legislative content, special procedures stipulated by the Constitution (please find annexed a translation of the relevant provisions in the Constitution). The legislative measures would aim in the direction of two axes; firstly, the promotion of self-isolation and social distancing, which brought about the closure of schools, Courts and many businesses and the restriction of financial activity for individuals; and secondly, the enhancement and support of the national health system and the national economy, which was already receiving blows both from the legislative measures of the 1st axis as well as the worldwide financial effects of the Coronavirus Pandemic in global markets.
On 11-03-2020, a Legislative Content Act titled “Urgent measures to address the negative consequences of the occurrence of COVID-19 coronavirus and the need to limit its spread” was issued and published in the Governmental Gazzette (FEK) no. 55/A/11-32020. It provided for wide powers in the competent ministers to proceed to swift and wide-reaching regulations in order to stand up to the occasion of the Covid-19 pandemic and promote public health and order. Article 11 in particular stated: “Article 11- Temporary suspension of courts and prosecutorial authorities- 1. For the purpose of avoiding the risk of occurrence or /and possibly COVID-19 coronavirus spread, which could have a serious impact on public health, the measure of provisional, partial or complete suspension of the operation of the courts may be ordered, including country's public prosecutorial authorities, and military courts, as well as the national School of Judges. 2. The measure referred to in paragraph 1 shall be imposed by joint decision of the Ministers of Health and Justice, and of Minister of National Defense in the case of military courts, following the opinion of the National Committee on the Protection of Public Health against coronavirus COVID-19. A similar decision shall also specify any relevant and necessary provision for the issues; suspension or extension of procedural time limits, suspension or extension of limitations; enforcement and enforcement procedures; provision of temporary judicial protection; as well as for all other issues that concern them under the temporary suspension arrangements courts and prosecutors' offices in the country”. On 12-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ. 17734/2020 was issued and published in the Governmental Gazzette (FEK) no. 833/Β/12-3-2020. It ordered the closure of all courthouses and prosecutorial offices in the totality of the Greek State, for the timespan of 13-03-2020 until 27-03-2020. As such, the activity of all courthouses from all jurisdictions and serving all legal fields were discontinued for this time-frame. This meant the discontinuance of not only court hearings, but any activity completed inside the courthouses. Not only were the locations barred from access to the public, but the activities of public servants working as administrative clerks in the Courthouses was also discontinued, either by law or voluntarily, since the people did not wish to expose themselves to the health hazard of the pandemic. The only exceptions from this general rule were procedures of a time-sensitive nature, such as in flagrante delicto procedures, criminal procedures at risk of prescription,
injunction and interim measures petitions and petitions regarding remand prisoners close to exceeding 18 months of remand detention. No infrastructure or provision was or had ever been made along the years, despite relevant promises by previous governments, for the modernization of the legal profession in Greece, resulting in a dire situation where simple work which could be done electronically had to be done manually and in person, resulting in chronic issues of mass influxes in the Courthouses, long waiting lines, and useless burdening of citizens, lawyers and clerks, forcing them to work in poor conditions, perceived by many as humiliating from both a human and a legal point of view. On 16-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.18176/2020 was issued and published in the Governmental Gazette (FEK) no. 864/Β/15-3-2020. It further regulated exceptions to the general rule of closure and ordered the continued closure of legal activity and courthouses until 27-03-2020, where the matter would be revisited. 11. On 19-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.19738/2020 was issued and published in the Governmental Gazette (FEK) no. 936/Β/19-3-2020. It ordered the closure of all Land Registries and Cadastre offices for the time frame of 20-03-2020 until 02-04-2020, further limiting the already extremely narrow range of legal activities left for lawyers across the country. The closing of the Cadastre and land registries now added the ban on legal work pertaining to land titles and legal provisions on land. No provision of modernization existed for this strand of legal work, either. On 20-03-2020, Joint Ministerial Decision No. Δ1α/ΓΠ.οικ.12687/2020 was issued and published in the Governmental Gazette (FEK) no. 939/Β/20-3-2020. Pursuant to article 15 of Legislative Content Act dated 11-03-2020. The JMD ordered the discontinuance of work for the Athens Central Asylum Service, restricting legal activity that lawyers could provide in the context of refugee and asylum law. In the meantime and in the spirit of supporting national economy and protecting the citizens from financial ruin, the Greek Government announced via its Prime Minister, among other measures aimed at protecting workers and businesses, that all affected freelancers and self-employed in Greece would be given a sum of 800 Euros, intended to cover for their immediate needs. The goal of these measures would be the counterbalancing of loss of income from midMarch to the end of April 2020. Since the quarantine was projected to last until the end of April, and the national economy was in a state of paralysis, the ensuing situation of minimal or zero income would have to be mitigated by analogous measures to
counterbalance the ongoing costs towards the Public sector. Such costs could include insurance dues, taxation, compensation of clerks or workers employed in a stagnating business, postponement in the payment of utilities, etc. The program was not ill-received by the public, and the President of the Athens Bar Association, and also President of the Summit Meeting of Bar Associations sent, on 1703-2020, a letter to the competent Ministers, requesting affirmation of the lawyers’ inclusion in the package of financial relief and proposing certain measures that would further relieve legal professionals from further harm (annexed). On 18-03-2020, the inclusion of, specifically, lawyers in the groups for which the 800 EUR sum would be provided was confirmed by the Minister of Development, Mr. Georgiadis , ; the tax category “legal services” was included in the Governmental list of affected professions to be supported. A non-paper circulated within Governmental cycles confirmed this plan. On 19-03-2020, the Prime Minister of Greece, Mr. Mitsotakis, reiterated the Governmental assurance that freelance lawyers would be included in the measures of financial relief and would receive the support of 800EUR . A notice was posted on the website of the General Secretariat for Citizen’s Protection, further confirming the above and repeating the affirmations also included in the non-paper of 18-03 , while the Minister for Development, Mr. Georgiadis, also repeated the aforementioned assurances, stating “well, we did close the courthouses…..so it goes without saying that they [the lawyers] would be included in the [800EUR] package” . On March 20th, the Minister of Finance, Mr. Staikouras, gave a press conference and also adhered to the initially announced measures of financial endorsement and the inclusion of lawyers in the package. This position was uploaded as an official press release in the Ministry’s website. On the same day, another legislative content Act was issued and published in the Governmental Gazzette (no. 68/A/20-03-2020). Article 8 stipulated that the exact procedure and means of receiving the incoming financial support would be promptly regulated within the week by JMD of the competent Ministers. Although this level of support can be considered largely incapable of covering for the needs of a large part of the lawyers practicing in Greece, and although it is significantly smaller than the one afforded to European Colleagues (please find a brief comparative study annexed to the present Request), the news of monetary support as an immediate aid
were received with great relief, whereas efforts were being made to widen the scope of the package to include trainee lawyers , and other measures for freelancers. The requested measures also included stalling in the payment of taxes, utilities etc., which so far had been reserved for businesses of a more structured nature, and not for freelancers, who legally merge their physical entity status with their legal entity status when registering with Taxation Services to open their law office. Citizens’ Circulation Ban and its Criticism by Lawyers On 23-03-2020, a ban on circulation of citizens was decided by the Greek Government. Despite assurances that the provision was in accordance with the foundations of the Rule of Law, the decision was faced with harsh criticism by a number of lawyers, as unconstitutional. Many lawyers criticized the “ban” and promoted the idea of “restriction”, especially through the social media, circulating inter alia the following: According to Art. 5 par 4 of the Constitution, individual administrative measures restricting any Greek citizen's free movement or establishment in the country are prohibited. Art.5 stipulates: “Article 5 1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages. All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. Individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, as specified by law. All persons have the right to the protection of their health and of their genetic identity. Matters relating to the protection of every person against biomedical interventions shall be specified by law. Interpretative clause: Paragraph 4 does not preclude the prohibition of exit from the country for persons being prosecuted on criminal charges by act of the public prosecutor, or the imposition of measures necessary for the protection of public health or the health of sick persons, as specified by law”.
Many lawyers reminded that this article of the Constitution belongs to the hard core of non-revisable provisions under Article 110 of the Constitution, which stipulates: “Article 110 1. The provisions of the Constitution shall be subject to revision with the exception of those which determine the form of government as a Parliamentary Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26. 2. The need for revision of the Constitution shall be ascertained by a resolution of Parliament adopted, on the proposal of not less than fifty Members of Parliament, by a three-fifths majority of the total number of its members in two ballots, held at least one month apart. This resolution shall define specifically the provisions to be revised. 3. Upon a resolution by Parliament on the revision of the Constitution, the next Parliament shall, in the course of its opening session, decide on the provisions to be revised by an absolute majority of the total number of its members. 4. Should a proposal for revision of the Constitution receive the majority of the votes of the total number of members but not the threefifths majority specified in paragraph 2, the next Parliament may, in its opening session, decide on the provisions to be revised by a three-fifths majority of the total number of its members. 5. Every duly voted revision of provisions of the Constitution shall be published in the Government Gazette within ten days of its adoption by Parliament and shall come into force through a special parliamentary resolution. 6. Revision of the Constitution is not permitted before the lapse of five years from the completion of a previous revision”. Therefore many lawyers supported the view that the imposition of a general traffic ban enforced upon Greek citizens is constitutionally baseless. This measure is legally enforced as an implementation of the Legislative Content Act adopted by the Greek Government to deal with coronavirus. Legislative Acts, however, laws cannot violate the Constitution by overturning the hierarchy of legal rules. As already mentioned, freedom of movement and establishment in the Greek territory, namely, the so-called stricto sensu personal freedom, is enshrined in Article 5 (3) of the Constitution. Regarding Legislative Acts, according to. Art 44: “In exceptional cases of extreme and unforeseen urgency, the President of the Republic may, on a proposal from the Council of Ministers, adopt legislative acts. Such acts shall be submitted to Parliament for ratification in accordance with the provisions of Art. 72 par 1 within forty days of their adoption or within forty days of convening the Parliament in session. If they are not
submitted to the Parliament within the aforementioned deadlines or if they are not approved within three months of their submission, they shall cease to apply”. The aforementioned article makes it amply clear that, according to the Greek legal system, there is no legal way to turn against an Act of Legislative Content before at least forty days after its publication, so, there is no legal way for a citizen to ask for immediate legal measures against such Act, if one’s rights are being violated by such an Act. As a result of the anti-constitutional measures that are imposed through the aforementioned Legislative Act, citizens in general and lawyers in particular are required to stay at home. The Courts are closed. People are prohibited to meet their lawyers due to the aforementioned Act. Lawyers cannot work and support themselves financially. The right to labour, which is protected by Art. 22 of the Greek constitution is violated: Article 22 1. Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all citizens and shall pursue the moral and material advancement of the rural and urban working population. All workers, irrespective of sex or other distinctions, shall be entitled to equal pay for work of equal value. 2. General working conditions shall be determined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration. 3. The matters relating to the conclusion of collective labour agreements by civil servants and the servants of local government agencies or of other public law legal persons, shall be specified by law. 4. Any form of compulsory work is prohibited. Special laws shall determine the requisition of personal services in case of war or mobilization or to face defence needs of the country or urgent social emergencies resulting from disasters or liable to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs. 5. The State shall care for the social security of the working people, as specified by law. Interpretative clause: The general working conditions include the definition of the manner of collection and the agent obliged to collect and return to trade unions membership fees specified in their respective by-laws”. Some lawyers also highlighted the effect of the ban to other rights as well, such as the right to work and the right to peaceful assembly. In summary, since the restriction on the movement of citizens was announced and legislated via LCA on 23-03-2020, a debate arose in legal circles. Numerous scholars of Constitutional Law or Human rights law voiced the strong opinion that the imposition of a circulation ban was unacceptable and disproportionate to the aim of protecting Public
Health, and thus contrary to Article 5 of the Constitution, while others, including Professors in Law, considered that the ban was legal –though not as “a ban”, but as a restriction. Many voiced the opinion that the Act paved the way for the State to entrench into the free choice of people’s movement and that it might create a dangerous precedent on total and extreme restriction of the citizen’s human rights, on the basis of prevention, for the benefit of the public; such a basis and argumentation, the dissident voices expressed, could in the future be abused and used as an excuse for a shift into more totalitarian models of governance. On the other hand, it has been argued that the measure of the restriction of movement is imposed in the context of the implementation of the constitutional obligation of the State to take care of public health (Art 21 par. 3). Moreover, it has been argued that the abovementioned measure complies with the constitution, because only “unnecessary movement” and not all movement is banned. The general population restriction of traffic cannot be justified according to Art 21 par. 3, others stated. Only the restrictions on the freedom of movement of persons for whom there is good evidence that they are suffering from an infectious or communicable disease can be justified according to Art. 21 par. 3. In case of general population restriction of traffic, as the one discussed, most lawyers seem to agree that there is a direct violation of the principle of proportionality, and a violation of the principle of proportionally balancing the violation of the constitutionally protected rights, when in conflict. Moreover, regarding art. 5 par. 4, the very concept of freedom implies that its exercise is not subject to state authorization. The same holds in the cases of peoples' movement and relocation within the country. This is the reason why this article of the Constitution belongs to the hard core of non-revisable provisions under Article 110 of the Constitution. The government is not authorized by the constitution to decide which movement is “unnecessary”. Partial freedom of movement is not provided for by the constitution. After the numerous opinions and criticism offered regarding the so-called “banning of movement”, it was renamed into “restriction of movement” for the citizens. At the same time, the fresh public discourse on the constitutionality of the restriction also hailed (either by chance or as a natural chain reaction) the beginning of increasing public scrutiny towards the governmental measures taken to combat the pandemic. 39. The reason for this result is the fact that, when discussing the constitutionality of one particular measure (e.g. banning movement of citizens), inevitably the same scrutiny will
follow for all measures taken. The issues of necessity, proportionality and “the best possible course of action in the interest of citizens” are not in play only regarding movement of the population. As such, in the week after the LCA was issued, harsh criticism arose regarding, among others, and not limited to: the public health policy, the steps taken to enhance the nearly collapsing National Health System, the measures of rotational work which entailed the risk of cutting monthly wages by 50% due to cutting work hours, the performance of public and free medical screening and tests for COVID-19, lack of an ability of the general population to be tested, doctors being applauded while at the same time unnecessarily exposed to danger of life and the government’s stance on the Church’s (delay to request closure of churches), in a selective disregard of the policy of provision and social distancing . Exclusion of lawyers from benefits Amidst mounting and even harsh criticism of some Governmental policies by selfemployed lawyers and doctors’ unions, it was announced that they would “finally” be excluded from the 800 euro support. As the news cycle was renewed, however, to report the lawyers’ sudden exclusion from the financial relief measures, the weight of criticism was manifestly shifted. On 24-03-2020 the Government announced that lawyers would be excluded from any financial support, “because they are scientists” (“επιστήμονες”). To be precise, while legal activities were still in the list of Codes of Professional Activity (KAD) that were to receive support from financial blows which were sure to cripple them, the updated legislative provisions via their wording essentially excluded them from immediate monetary support such as the 800EUR package. This spurred unprecedented criticism, but also terrified most lawyers, who forgot about mass dismissals from work, endangerment of doctors and lack of testing kits and turned to wonder how to ensure their own survival. Subsequently, it was announced that the Government would be provided them with Training Vouchers worth 600 EUR. On 27-03-2020, the Minister of Employment and Social Manners and the Minister of Justice as well as the Minister of Finance and the Minister of Development, via press releases, stated the following “clarifications” on the financial support to be given to freelancers and self-reliant business owners, particularly specific fields characterized as “scientific in nature”, whew lawyers were categorized.
According to the “clarifications”, people employed by individuals belonging in these categories legally (with a contract of dependent employment) were eligible for the package of 800EUR. Other than that, they would benefit from stallment in certain payments to the Public sector and be granted Training Vouchers worth 600EUR. The joint press release stated, regarding the not-yet legislated measures: “The Government is directly supporting 166,000 scientists, coming from all 6 key disciplines: Lawyers, Doctors (including dentists, psychiatrists and other medical staff), Engineering / Architects, Economists / Accountants and Researchers through an open program, 180mil. EUR high, with a voucher, with the method of asynchronous teleconferencing. The program will aim at upgrading the digital skills of the beneficiaries and the digital transformation in the relevant industry. The educational allowance will be paid in two installments upon completion of each module. Beneficiaries will also receive certification for training courses. The program will be implemented directly by the General Secretariat of Labor of the Ministry of Labor and Social Affairs and will be co-financed by resources. Beneficiaries' educational allowance will be EUR 600 for each of them and will cover 100 hours of training. The Government is taking responsibility for the country's scientific potential, adopting fast and efficient active support policies, not only to support it financially in the crisis caused by the coronavirus, but also to develop its skills by building new technologies and digital tools, useful for the profession or function, irrespective of the age or professional experience of its representatives. At the same time, it is working towards a speedy return to regularity by taking all appropriate measures to allow all disciplines to recover their incomes. To this end, it has already been decided to extend this judicial year. We stand by everyone, with solutions that suit every group of the country's active population. We turn the crisis into an opportunity for growth and learning”.
The exclusion of lawyers was largely attributed to the targeting of the profession in Greece and was escorted by other Union (i.e. notaries’) statements implying that lawyers are not that honest with taxation. A huge outcry followed on the part of lawyers, who perceived the recent stance as “persecution”, having culminated via a series of victimizing treatments and events during the past few years. Large segments of the lawyers’ community declared extremely traumatized and devaluated. Many wondered if they are going to feed their kids with education coupons while they are not enabled to work and are required to stay at home. Some proposed a march to the Courts, but such ideas were soon abandoned due to the coronavirus threat and the
prohibition of movement in the city for the reason of protest and definitely not in groups larger than 10 persons. The media did not give time for the lawyers’ representative to speak and circulated that “lawyers reject the support of 600 euros offered to them and ask for their inclusion in the 800 euro scheme”. The ABA declared in a statement, inter alia, that: “The Board of Directors of the Athens Bar Association condemns in the most manifest way the provocative withdrawal of the Government on the issue of the 800 euro allowance. When the Prime Minister himself and the allied ministers, unequivocally and unconditionally, assured that lawyers will receive the allowance and right afterwards disputed themselves, it is not just a matter of political inconsistency, but of the depreciation and stigma of an entire sector, which in the present urgent circumstances is fully deprived of its income. It is, after all, irrefutable that lawyers, more than any other branch of the self-employed, are tested by the coronavirus pandemic, as courts, registries and land offices are suspended by law, public services are under-served, law enforcement officers and bailiffs have declared a suspension of services and a ban on the movement of citizens has been imposed, which, as a result, does not allow judicial or extrajudicial work. In the face of the existential agony of a for-profit industry, a large part of which is no longer able to meet its current obligations and meet its needs, today's announcement of lawyers' participation in funded training programs via vouchers (worth 600 Euro each) constitutes a provocative mockery, which underestimates everyone's intelligence.” In order to further provocatively insult the sector of lawyers, keeping its decision to not provide to them a financial assistance, the Greek Government announced its decision to “prolong the judicial year” (suspending the summer judicial leaves), thus allegedly reassuring the lawyers that they will be able to work in July, in order to counterbalance the damage from the Courts’ preceding closure. In the meantime, governmental officials and MPs of the New Democracy Party, to which the Government belongs as a majority result, have proceeded to public statements regarding the matter which further exacerbated the feelings of indignation and humiliation experienced by lawyers nationwide. A narrative is emerging that the vouchers will somehow be translated into funds, after completion of the modules. However, no precise and legally justified explanation has been provided for this claim. For example, Mr. Georgiadis, the Minister for Development, stated “what is so wrong with every lawyer, mechanic etc. to receive 600 in cash via ESPA instead of sitting around?”
This spurred an immediate reaction from the Prosecutors’ Union (Judges and Prosecutors were not consulted prior to such decision), which addressed the Government with a fierce response , ending with the phrase: “we invite you to review the decision to adopt this measure, which will undoubtedly prove to be ineffective, and to take the necessary steps to properly and promptly financially support the lawyers, who are co-functionaries of Justice, but without including in them hasty, fragmented and ineffective solutions, which have no purpose other than to further entrench the system of attribution of justice”. The Union of Administrative Judges also circulated on 29-3-20 a press release in support of the lawyers: “NOTICE ABOUT THE EXCLUSION OF LAWYERS FROM THE INCOME OF 800 EUROS: The Association of Administrative Judges considers it unfair to exclude self-employed lawyers from the 800 euro allowance, as they too suffer from the consequences of the health crisis and support the just request of lawyers and law firms to be included in the measure”. Although support measures to all affected professionals who have been granted them refer to the period of March and April, it is clear that gradual return to normality will –in the best case scenario- start being effectuated after the first week of May, which will of course not include Courts and activities which require crowd gatherings. Judicial vacation in Greece starts on 1 July and ends on 15 September. Greece has made no provision for virtual trial; the replacement of the current procedure with one employing technology to such an extent is highly unlikely to take place promptly. At the same time, lawyers registered as such with the Taxation Services are by law barred from exercising any other subsidiary or secondary professional activity in a legal manner (“in the books”), as this is considered incompatible with lawyer’s dignity. This ban is provided for in the Code of Lawyers, article 7 para. 1: “Article 7 - Loss and miscarriage of the capacity of lawyer - 1. One automatically eliminates the status of lawyer and is deleted from his bar registry when: […] (c) One has been appointed or holds paid position under contract of employment or has an employment relationship to any natural or legal person; or public (civil or military), judicial, municipal or legal person of public or private law or Local Government Organizations in accordance with Article 31 of the Code, (d) One who acquires the position of a trader on the basis of commercial law or performs tasks or duties as a manager or a consultant, commander, administrator or a representative in any company with shared capital or personal business or joint venture (unless in the latter case, another specific law provides different), (e) One practicing another profession, in
particular dealer or broker, as well as any other work, service or employment that is not in the same line with the law function”.
Environment
In the midst of the pandemic and with the Parliament functioning only for urgent legislation, it was submitted for voting a law called "modernization of environmental legislation", which, according to wide decry of most major environmental NGOs functioning in Greece:
Eliminates the essence of Natura 2000 protection and even promotes mining and hydrocarbon mining in nature conservation areas
Puts at risk the protected areas, abolishing the autonomy of the Protected Areas Management Bodies (FDPP)
It allows the destruction of the environment in the name of voluntary investment plans, by assigning the control of studies (EIA) to individuals and by imposing suffocating deadlines for services' opinions.
Promotes the reckless expansion of industrial RES, especially wind farms, which have already caused environmental degradation and financial burden on consumers to ensure investors' super-profits
Legalizes arbitrarily built constructions within forestial areas and occasionally within wetlands and streams
Simplifies solid waste management processes and does not take measures against the degradation of streams by the uncontrolled disposal of urban and industrial wastewater in them.
Violates Constitutional provisions, European directives and international conventions
Taking into account that this comes for voting when citizens cannot really exercise their constitutional rights, such as calling for meetings and protests, the procedure too was characterized as “anti-democratic”.
Prisons
Measures were restricted to barring the prisoners from rights such as visiting, leaves and reception of items from relatives. There were no measures to counterbalance the effects on the psyche of prisoners. No prison decongestion measures were adopted, although the system
functions with an over-capacity of 25%, leaving hundreds sleeping on the floor and having less than 4 m2 each in prison. Peaceful protests were met with sudden transfers of prisoners acting as HRD and mass disciplinary prosecutions for “disobedience”.
Education
Schools closed up in the 2nd week of March. In Greece, schooling is compulsory and homeschooling is not an option for parents (exceptions are made for disabled children and in case of illness or proven travel obligations of the parents). Although e-learning platforms were exploited, it has been suggested that children would just keep contact with their teachers and class and make revisions –not proceed to learning new chapters. 30% of students could not enroll in e-classes. The ministry issued a request for parents lacking a pc to declare it to school directors, which they did. Upon that, though, the Ministry stated that not more than one PC, laptop or tablet would be given for every 45 students and a teacher! Which rendered access of the poor to e-class theoretical and illusory. It has been announced that students of the last grade will return to classes on 11 May, and all students from 12 to 17 will return to school on 18 May. After mid-April a new law was proposed for voting, aiming in the “modernization of education”. It has been criticized by academics and teachers’ unions as “leading us back to the past”. Inter alia, the maximum number of students in classes is increased and the inscription - assessment of “conduct” returns to the school records.
