The
Constitution
was substantially amended in 2001 to provide for a more
extensive right of access.(1) Article 5A
states:
1.
All persons are entitled to information, as specified
by law. Restrictions to this right may be imposed by law
only insofar as they are absolutely necessary and justified
for reasons of national security, of combating crime or
of protecting rights and interests of third parties.
2.
All persons are entitled to participate in the Information
Society. Facilitation of access to electronically handled
information, as well as of the production, exchange and
diffusion thereof constitutes an obligation of the State,
always in observance of the guarantees of articles 9,
9A and 19.
•
Undernourished people (% of total population),
2000/03: N/A
•
Population with sustainable access to an improved
water source (%), 2002: N/A
Source:
UN Development Program, Human Development Reports
Data
In
addition, Article 10, which gives a right of petition, now
states:
3.
The competent service or authority is obliged to reply
to requests for information and for issuing documents,
especially certificates, supporting documents and attestations
within a set deadline not exceeding 60 days, as specified
by law. In case this deadline elapses without action or
in case of unlawful refusal, in addition to any other
sanctions and consequences at law, special compensation
is also paid to the applicant, as specified by law.
The
right of access was first provided in a 1986 law that gave
a right of access to administrative documents.(2)
The right was read broadly by the Ombudsman and the Council
of Ministers to give a right of access to all persons. In
1999, the Ombudsman ruled that the 1986 Act allowed access
to all administrative documents "without there being
any condition of legitimate interest on part of the applicant"
referencing a 1993 Council of Ministers decision that a
"reasonable interest" rather than a specific legal
interest is an adequate reason.(3)
In 1999, the law was supplanted by Article 5 of the Code
of Administrative Procedure(4) which
expanded the right of access. The Code provides that "interested
persons" have a right to access administrative documents
created by government agencies. In 2001, the Ombudsman affirmed
that no interest is necessary for the 1999 law noting that
following the adoption of the revised constitutional right
of access and the 1999 that that "it is clearly the
legislator's intent to expand and not restrict the application
of the principle of transparency."(5)
The
request must be in writing. Administrative documents are
defined as "all documents produced by public authorities
such as reports, studies, minutes, statistics, administrative
circulars, responses opinions and decisions." In addition,
the 1999 law allows persons with a "special legitimate
interest" to obtain "private documents" relating
to a case about them.
Documents
relating to the personal life of an individual are not subject
to the Act. Secrets defined by law, including those relating
to national defense, public order and taxation cannot be
released. Documents can also be restricted if they relate
to discussions of the Council of Ministers or if they could
substantially obstruct judicial, military or administrative
investigations of criminal or administrative offenses.
Appeals
are made internally. The Ombudsman
can receive complaints on violations of the right of access
and mediate or issue opinions.(6) The Ombudsman
heard 22 cases in 2004 relating to violations of access
to information.
A
law to implement the EU Directive on the re-use and commercial
exploitation of public sector information (2003/98/EC) was
adopted in January 2006.(7)
Greece
signed the Aarhus Convention in June 1998 and ratified it
in January 2006. A 1995 joint ministerial decree implemented
the EU 90/313/EEC Directive after the European Commission
started an infringement proceeding against Greece.(10)
In July 2005, the European Commission announced that it
was taking legal action against Greece and six other countries
for failing to implement the 2003 EU Directive on access
to environmental information.(11)
The
Penal Code punishes the disclosure of state secrets. The
Ombudsman has ruled in several cases that simply because
a document is classified is not a ground for withholding
it from access under the Code of Administrative Procedure.
The files of the former military dictatorship were destroyed
by the Socialist government in mid 1980s.
10.
Joint
Ministerial Decision 77921/1440 of 06/09/1995, Official
Gazette 795 B' 14/9/1995 on the freedom of access of the
citizens to the public authorities for information relating
to the environment. See Hallo, Access to Environmental Information
in Europe: Greece (Kluwer Law 1996).
11.
European
Commission, Public access to environmental information:
Commission takes legal action against seven Member States,
11 July 2005.
1)
Voice and Accountability: 0.91
2) Political Instability and Violence: 0.53
3) Government Effectiveness: 0.74
4) Regulatory Burden: 0.85
5) Rule of Law: 0.75
6) Control of Corruption: 0.56
