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A defeat of the government or for Justice?

By   /   28/10/2016  /   Comments Off on A defeat of the government or for Justice?

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The coveted decision on the issue of the constitutionality of the nationwide television licensing tender was issued late on Wednesday night when, according to information, it was deemed unconstitutional.

The anticipated decision – according to IBNA information the intention of the Council of State members was known to the government since Tuesday – had alarmed the government.  On Tuesday and Wednesday Syriza legal experts held successive meetings to prepare alternative proposals in the event that the “Pappas Law” was deemed unconstitutional, which the government now thought certain.

This is also the reason that in the “unfortunate” appearance of the government spokeswoman following the leaking of the outcome from the CoS, it was revealed that a legislative initiative will be introduced on Monday.

The Government was ready for any eventuality in terms of prepared legislation and, as we have said since March, the outcome of the licensing affair would be very important in the next moves of the Prime Minister, whether in a cabinet reshuffle or an election; a scenario which is now a serious probability in terms of Tsipras’ plans.

The narrative from the September 2015 election to date was based on two pillars: fighting vested interests with the television landscape and media moguls targeted, and making Greece’s debt sustainable by cutting it.

The clash with media interests was not only meaningful for the government but it had semantic importance too. The successful regulation of the television market and ending lawlessness would essentially be the first government commitment that would be met.

According to the government, the war on the old, corrupt and tied to vested interests system would be the only area it could target without needing the permission of creditors.

Although the government knew that interests were deeply rooted in all aspects of Greek political, economic and social life, it evidently did not expect that the judiciary would be in line and perhaps dependent on the strength of the powerful and the old political system. It is no secret that most of them believe the Left will be a small parenthesis in the political life of the country.

An independent Justice that is appointed by governments cannot be independent. It necessarily works mostly with personal safety and advancement in mind than as possessor of Law. It is human and logical for one to protect himself, even if he or she is a judge, when meritocracy is not capital in the evaluation of judges.

However, at such a high level of justice, one would expect that the sense of justice and social desire would be taken into consideration in such rulings. The government spokeswoman made that clear on Wednesday night – although I personally don’t believe it was correct to do so – in her announcement when she said that the CoS had made decisions that were against the people while it now had agreed with lawlessness in the television landscape through its particular decision.

Certainly not only Justice is responsible for its decision. Great responsibility is shared by State Minister Nikos Pappas too who launched the entire licensing process and he should have safeguarded and noticed every aspect of legislation introduced in terms of constitutionality.

The fact that, according to information on the Council of State decision, failure to set up the National Council for Radio and Television (ESR) made the Law unconstitutional, is not the fault of the main opposition that tried and succeeded in a board not being appointed at the ESR. The main opposition is not in power. It has a different role for which it is therefore judged.

The government was defeated in the biggest fight against corruption so far, through its own mistakes. Justice, yet again, stood at the letter of the Law and did not interpret the spirit of the Law. When Justice cannot tell the difference between the letter and the spirit of the Law, its defeat is inevitable. And the defeats of Justice impact on society./ΙΒΝΑ

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