2018-01-02

Regulatory Quality Index - Greece

Η νομοθεσία είναι το λειτουργικό σύστημα μιας χώρας. Η ποιότητα των κανόνων δικαίου προσδιορίζει σε μεγάλο βαθμό την εύρυθμη λειτουργία ενός κράτους, αλλά και την εμπιστοσύνη των πολιτών προς αυτό. Τα περιθώρια βελτίωσης της χώρας μας... Read more
Η νομοθεσία είναι το λειτουργικό σύστημα μιας χώρας. Η ποιότητα των κανόνων δικαίου προσδιορίζει σε μεγάλο βαθμό την εύρυθμη λειτουργία ενός κράτους, αλλά και την εμπιστοσύνη των πολιτών προς αυτό. Τα περιθώρια βελτίωσης της χώρας μας στο πεδίο αυτό είναι μεγάλα. Χιλιάδες περίπλοκες και δυσνόητες, επικαλυπτόμενες, ασαφείς, και αντιφατικές ρυθμίσεις έχουν καθημερινά ως αποτέλεσμα όχι μόνο μεγάλη απώλεια χρόνου και αβεβαιότητα για τους συναλλασσόμενους, αλλά και σημαντικά προβλήματα στην απονομή της δικαιοσύνης, τη λειτουργία των θεσμών και την οικονομία. Ήδη από το 2001 με συστάσεις του Οργανισμού Οικονομικής Συνεργασίας και Ανάπτυξης (ΟΟΣΑ) προς την Ελλάδα προωθήθηκε η χρήση μέσων όπως η διαφάνεια μέσω της διαβούλευσης, η κωδικοποίηση, η αξιολόγηση, ο περιορισμός της πολυνομίας και η λογοδοσία. Ωστόσο το υφιστάμενο νομικό πλαίσιο και οι αρχές της καλής νομοθέτησης παραβλέπονται συστηματικά, ενώ ο νομικισμός, η τυπολατρία και ο ρυθμιστικός πληθωρισμός συνεχίζουν να λειτουργούν ως οιονεί δείκτες μιας επιτυχημένης κυβερνητικής θητείας.1 Έτσι, φαινόμενα όπως η πολυνομία, η κακονομία και η αύξηση των επιβαρύνσεων προς τους πολί- τες και τις επιχειρήσεις επιδεινώνονται αντί να θεραπεύονται. Read less
Athens ( Federal)
January 2, 2018

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5.6

Constantine Tassoulas

President of the Hellenic Parliament
22nd/ 4,375 in Elected Officials
We issue the following law passed by the Parliament:

ENERGY COMMUNITIES

Article 1

1. The Energy Community (E.Com.) Is an urban cooperative of exclusive purpose with the aim of promoting the social and solidarity economy, as defined in par. 1... Read more

We issue the following law passed by the Parliament:

ENERGY COMMUNITIES

Article 1

1. The Energy Community (E.Com.) Is an urban cooperative of exclusive purpose with the aim of promoting the social and solidarity economy, as defined in par. 1 of article 2 of law 4430/2016 (AD 205), and innovation in the energy sector. addressing energy poverty and promoting energy sustainability, production, storage, self-consumption, distribution and supply of energy, enhancing energy self-sufficiency and security in island municipalities, and improving end-use energy efficiency in local and regional level, through the activity in the sectors of Renewable Energy Sources (RES), High Efficiency Cogeneration of Electricity and Heat (S.I.TH.Y.A.), the rational use of energy, energy efficiency, sustainable transport, 

2 . For those issues that are not defined specifically in the present, the E.Coin. are additionally governed by the provisions of Law 1667/1986 (AD 196).

3 . In the E.Com. the following provisions of law 1667/1986 do not apply:

a) The numerical limitations of three (3) members for the request to convene a general meeting of the first subparagraph of paragraph 3 of Article 5, of seven (7) members for the minimum quorum in the general meeting of the last subparagraph of the same paragraph, of three ( 3) members for the obligatory postponement of the discussion of issues that are not included in the agenda of the general meeting of the seventh subparagraph of paragraph 5 of the same article and the two (2) members for the request to convene a board of directors of paragraph 2 of article 7;

(b) the obligation to set up a three-member audit committee referred to in Article 7 (1);

(c) the provisions of Article 9 (4) and Article 13.

4 . Where in the provisions of law 1667/1986 an entry in a register is mentioned, for the needs of the present means the Register E.Com. of Article 8 and does not require registration, registration or updating of any other register.


Article 2

Members of the Energy Community

1 . Members of an E.Com. may be:

a) Natural persons with full legal capacity,

b) legal entities under public law outside the local self-government organizations (OTA) of first and second degree or legal entities under private law;

c) Ο.Τ.Α. first degree of the same Region in which the seat of E.Coin is located. or their companies, with the exception of article 107 of law 3852/2010 (AD 87),

d) Ο.Τ.Α. b΄ degree of the seat of E.Koin., with the exception of article 107 of law 3852/2010.

2 . The minimum number of members of E.Com. is:

a) Five (5), if the members are legal entities under public law outside the Local Authorities. or legal persons under private law or natural persons,

b) three (3), if the members are legal entities of public or private law or natural persons, of which at least two (2) are Local Authorities,

c) two (2), if the members are only O.T.A. first degree island areas with a population of less than three thousand one hundred (3,100) inhabitants according to the latest census.

3 . At least fifty percent (50%) plus one of the members must be related to the place where the headquarters of E.Coin is located. and in particular the natural persons members to have full or partial ownership or usufruct in a property which is located within the Region of the seat of E.Coin. or to be citizens of a municipality of this Region, while the legal member persons have their seat within the Region of the seat of E.Coin ..


4 . Legal entities under public law and OTA α΄ and β΄ degree can participate in more than one E.Com. as members by way of derogation from par. 3 of article 2 of law 1667/1986.


Article 3

Cooperative Energy Community Shares

1 . Each member may hold in addition to the mandatory cooperative share one or more optional cooperative shares, with a maximum participation limit of 20% in the cooperative capital, with the exception of the Local Authorities. who can participate in the cooperative capital with a maximum of:


a) Fifty percent (50%) for the Local Authorities. of island areas with a population of less than three thousand one hundred (3,100) inhabitants according to the latest census,


b) forty percent (40%) for the other OTAs.


2 . Each member, regardless of the number of cooperative shares it holds, participates in the general assembly with only one vote.


3 . The transfer of a cooperative share to a member or a third party is made only after the consent of the board of directors. The board of directors does not consent to the transfer, when due to this transfer one of the conditions of article 2 or article 6 paragraph 4 ceases to be met. The decision of the board of directors for transfer of cooperative share is registered in the E.Com Register. of the General Commercial Register (G.E.M.I.) of article 8.


Article 4

Purpose Object of activity of the Energy Community

1 . The E.Com. must carry out at least one of the following activities:


a) Production, storage, self-consumption or sale of electricity or thermal or refrigeration energy from RES stations. or Σ.Η.Θ.Υ.Α. or Hybrid Stations located within the Region where the headquarters of E.Coin. or within a neighboring Region for E.Com. with headquarters within the Attica Region,


(b) management, such as the collection, transport, treatment, storage or disposal of raw materials for the production of electrical or thermal or refrigerant energy from biomass or bioliquids or biogas or through the energy recovery of biodegradable municipal waste;


(c) supply for members of energy products, appliances and facilities, with the aim of reducing energy consumption and the use of conventional fuels, as well as improving energy efficiency;


(d) supply for members of electric vehicles, hybrid or non-hybrid, and vehicles using alternative fuels in general;


e) distribution of electricity within the Region where it is located;


f) supply of electricity or natural gas to final customers, according to article 2 of law 4001/2011 (AD 179), within the Region where its seat is located;


g) production, distribution and supply of thermal or cooling energy within the Region where it is located;


h) demand management to reduce electricity end-use and representation of producers and consumers in the electricity market;


i) development of network, management and exploitation of alternative fuel infrastructures, according to law 4439/2016 (AD 222) or management of means of sustainable transport within the Region where the seat of E.Com. is located,


j) installation and operation of water desalination units using RES. within the Region where the seat of E.Com. is located,


k) provision of energy services, in accordance with article 10 of D6 / 13280 / 7.6.2011 (Β΄1228) decision of the Minister of Environment, Energy and Climate Change.

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5.6

Constantine Tassoulas

President of the Hellenic Parliament
22nd/ 4,375 in Elected Officials
December 23, 2018

4587 Issue A '218 / 24.12.2018 

Urgent regulations within the competence of the Ministry of Immigration Policy and other provisions 

THE PRESIDENT OF THE HELLENIC REPUBLIC 

We issue the following law passed by the Parliament: 

Article 1 

Amendment of Law 4375/2016 (AD... Read more

December 23, 2018

4587 Issue A '218 / 24.12.2018 

Urgent regulations within the competence of the Ministry of Immigration Policy and other provisions 

THE PRESIDENT OF THE HELLENIC REPUBLIC 

We issue the following law passed by the Parliament: 

Article 1 

Amendment of Law 4375/2016 (AD 51) 

Article 17 (9) is replaced by the following: 

«9. By decision of the Minister of Immigration Policy, any suitable facility may be used for hosting and identification or provision of temporary accommodation, temporary facilities may be set up or suitable private properties may be leased, if the existing facilities of the Regional Services of the Reception and Identification Service are not available. this purpose. The suitability of the above areas is certified by the Technical Support Department of the Reception and Identification Service based on the tourist or urban planning legislation, which may act in cooperation with a relevant public service of local jurisdiction. By joint decision of the Minister of Immigration Policy and the competent Minister, as the case may be, the creation, lease, support, staffing, management, supervision or monitoring of the facilities or leased real estate may be assigned to other public bodies or International Organizations or Civil Society Citizens. 

The provision of this paragraph is applied accordingly from 1.9.2018 and in cases where the Directorate for the Protection of Asylum Seekers of article 23 of p.d. becomes responsible for the provision of hosting services. 122/2017 and, in this case, the suitability of the properties to be used is certified, based on the tourist or urban planning legislation. 


Article 2

Amendment of p.d. 122/2017 (ÃŽ149)

1. In sub-indent a) of indent a) of paragraph 4 of article 18 after the phrase "supply of goods and services" the phrase "and the notices of lease of real estate" is added.


In sub-case ag΄ of indent a) of paragraph 4 of article 18 after the phrase "supply of goods and services" is added the phrase "and in relation to the lease of real estate".


In sub-indent adi of indent a) of paragraph 4 of article 18 after the phrase "supply of goods and services" is added the phrase "and real estate leasing procedures". 


In sub-indent ae of indent a) of paragraph 4 of article 18 after the phrase "supply of goods and services" the phrase "and real estate lease agreements" is added.


In sub-indent b of indent a) of paragraph 4 of article 18 after the phrase "supply of goods and services" the phrase "and real estate lease contracts" is added.


2. The following subparagraph is added to the end of indent of paragraph 23 of Article 23:


"For the fulfillment of the above purpose, it suggests the leasing of suitable private real estate."


3. Sub-indent g) of paragraph 3 of Article 23 is added as follows:


«Γστ. The participation with its representative in committees for monitoring programs, actions and lease contracts. ".


4. In the sub-case κ κε of the case κ παρ of par. 9 of article 26 the words “κε. the handling of issues "are replaced as follows:" Mr. The drafting of the statements ".


5. The following subparagraph is added to paragraph 3 of Article 28:


"After the lapse of nine (9) months from their transfer, the movers are entitled to request the occupation of an organic position in the central service. The change is carried out by issuing a confirmatory ministerial decision, following the opinion of the Service Council of the Ministry. ".


6. Paragraph 2 of Article 51 is replaced by the following:


«2. The Financial Department of the Asylum Service exercises, in addition to the responsibilities of article 26, the responsibilities of the Procurement Department of the General Directorate of Administrative and Financial Services of the Ministry of Immigration Policy, which concern the Asylum Service until 31.12.2019. ".


Article 3

Amendment of Law 4251/2014 (AD 80)

1. In Article 18 (1), after indent n, indents i and i are added as follows:


«Θ. Australian citizens participating in the Youth Mobility program, according to the Memorandum of Understanding between Greece and Australia (Work and Holiday Visa), as ratified by Law 4353/2015 (AD173), with the main intention of visiting Greece for holidays, for a period of up to twelve (12) months.


The national entry visa is issued to those who meet the following conditions:


aa) have completed, at the time of submission of the application, the eighteenth (18th) year, but have not completed the thirty-first (31st) year of age;


(bb) are not accompanied by dependent children; (cc) hold a valid passport and ticket for their journey or have sufficient resources to purchase it;


(dd) have adequate living resources, (ee) have not previously participated in a Work and Holiday program or for Work Holidays (

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Constantinos Saravakos for Regulatory Quality Index

June 1, 2019

In the Greek version of the Regulatory Quality Index we evaluated 77 laws and ratifications for 2018. The key findings of the study were the following:

- None of the laws of 2018 was aligned with the best practices of better regulation as they derive from the laws for better regulation, as well as from the best practices in... Read more

June 1, 2019

In the Greek version of the Regulatory Quality Index we evaluated 77 laws and ratifications for 2018. The key findings of the study were the following:

- None of the laws of 2018 was aligned with the best practices of better regulation as they derive from the laws for better regulation, as well as from the best practices in the literature.

- 95% of laws & 33% of ratifications included amendments. In laws, 95% included at least one irrelevant amendment & 97% included at least one belated. From the total of 248 amendments, 85% were irrelevant and 72% belated.

- 25% of laws were not voted with the normal process.

- 61% of laws & 33% of ratifications modify at least one other law enabled from 2015.

- Only 54% of laws were available for open pre-parliamentary consultation.

- 73% of laws included provisions with retrospective effect. Only in 7% of the cases the retrospection was justified.

- 65% of RIA did not included quantitative data, 85% did not include simplification of procedures, none of the laws had measurement for administrative burdens.

- Each law authorizes 25 Ministerial Decrees. In total 1.036 authorizations for Ministerial Decrees were given in laws, but only 20% was activated 6 months after the enactment of the laws.

- Every law has 17 signatures on average from government officials. The last law of the year (4587), was signed by 34 officials.

- If the average person reads 8 hours a day, they would need 60 working days only to read the legislation of 2018.

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Constantinos Saravakos for Regulatory Quality Index

June 1, 2019

The Regulatory Quality Index is in fact a toolkit to measure the quality of the laws in a country. Therefore, in order to evaluate the data collected, we need to use a method of quantification. The index in its current form is composed by 67 variables, from which 50 of them are evaluated in a 0-to-1 scale. The total score of each... Read more

June 1, 2019

The Regulatory Quality Index is in fact a toolkit to measure the quality of the laws in a country. Therefore, in order to evaluate the data collected, we need to use a method of quantification. The index in its current form is composed by 67 variables, from which 50 of them are evaluated in a 0-to-1 scale. The total score of each law is given to 0-to-100 scale.  

Since we use a 0-to-100 scale for the overall ranking and the number of pillars we have is four, an equal weighting should give a coefficient of 25 in each pillar. However, through the academic literature and the contribution of experts in the workshops, we had both the theoretical and the empirical grounds to introduce a slightly different scheme. Combining the theoretical framework on better regulation presented earlier and the answers of the experts in the workshops on two specific questions 47 (“which of these pillars is more important?” and “by how much?”), we managed to determine the degree to which each pillar should impact the final results. Τhe conclusion reached was that, given the fact that the parliamentary process is the stage where all the mistakes made in the previous steps can be corrected and all improvements suggested in the consultation can be incorporated, the third pillar should have a bigger impact in the index. Moreover, the parliamentary process is the legitimizing basis of the regulations enabled in a country, based on the rule of law.

In the Greek implementation plan the first workshop was an introduction in the basic methodology of the Index and its structure. The concept and the calculation method of each variable included was presented to the experts, to ensure that they are related to the Greek regulatory framework. A second workshop with local experts took place, shortly after we collected data for a sample close to 20% of the total laws, in order to verify that the results and the analysis did fit the scope of the project. This was a chance to review the way the variables are measured and the cases when the data were not available or the dataset used was not considered adequate for further analysis. There were also cases where some variables did not add something critical to the Index, contrary to what was believed at first, and they had to be removed or modified. A third experts’ workshop was gathered near the end of the data collection, in order to present the complete analysis of the data collected and decide which findings are of special interest for the audiences and should be highlighted in the publication.

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Supporting info

Greek Regulatory Quality Index 2018 Study

- KEFiM

NOMOΣ ΥΠ’ ΑΡΙΘΜ. 4587 Τεύχος Α’ 218/24.12.2018

- Hellenic Republic

NOMO Σ ΥΠ 'ΑΡΙΘΜ. 4513 Government Gazette A '9 / 23.01.2018

- Hellenic Republic


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