Law 4780/2021: The new law that amends the founding legislation of GNCHR was passed

Following a proposal by GNCHR, that was accepted by the Greek Government, and in order for the National Institution to be prepared for the challenges of the future, the Parliamentary debate ended a few days ago and passed the Law 4780/2021 “National Accessibility Authority, National Commission for Human Rights and National Bioethics and Technoethics Committee” (Official Journal 30/A/28.2.2021), which amends the founding legislation of GNCHR and strengthens the National Institution for the Protection of Human Rights.

Taking into consideration its institutional role as a “bridge” between the administration and Civil Society, which is confirmed once again by the legislator, some points of the new legislative framework of the GNCHR are summarized below:

• GNCHR is recognized in its founding legislation as the National Institution for Human Rights in Greece.
• GNCHR acquires legal personality, functional independence, administrative and financial independence.

Specifically:

• GNCHR shall now take subsidy from the state budget, which will be incorporated in a separate detailed expenditure account in the budget of the Ministry of Finance, and shall draw up its own budget on an annual basis drafted under the responsibility of its President, without requiring a partnership of another body. By decision of the Plenary, the Commission may partake in national, European or co-financed research or other programs and conclude agreements with Higher Education Institutions and other institutions relevant to its mission. Furthermore, GNCHR may assign work contracts to third parties, according to the relevant provisions on public contracts, regarding tasks that cannot be performed by GNCHR.
• The organizational structure of GNCHR is strengthened, as a Director position is established, while the organic positions of scientific and administrative personnel are increased from 12 to 15. GNCHR is now structured into two units at a department level: a) the Scientific Organization Unit and b) the Administrative and Financial Unit.
• The responsibilities of the President and the Bureau of GNCHR are specified in detail, and the responsibilities of GNCHR are enhanced, as the new Law explicitly states that GNCHR may also conduct on-site research.

Regarding its members:

• GNCHR obtains a more flexible composition as hereby 19 members, with their alternates, may be appointed on a 4-year term, while the Commission has the capability to further expand its composition by 4 additional members following a proposal by the Plenary Session. It is noted that in its current composition GNCHR has over 40 members on 3-year terms. On the composition of the GNCHR are now appointed members by environmental organizations, as well as by the Plenary of Greek Bar Associations.
• The President of the Special Permanent Committee on Institutions and Transparency of the Greek Parliament is appointed as the liaison officer between the Greek Parliament and GNCHR, and every Ministry, as well as every political party represented in the Parliament shall delegate a person as a liaison officer to GNCHR. The particular significance of the cooperation between GNCHR and the Greek Parliament, the political parties and the Ministries in the process of drafting legislation regarding human rights is underlined. GNCHR, with respect to the legislative process, acting as a “bridge” not only between the State and the Civil Society, but also between the international human rights standards and national legislation, is in a position to assist in the harmonization of the national regulations to the provisions of international and European law.

The Greek National Commission for Human Rights (GNCHR), as the National Institution for Human Rights (NIHR) and the independent advisory body to the State on matters pertaining to human rights protection and promotion, was established in 1998, in accordance with the UN Paris Principles (General Assembly Resolution 48/134, 20 December 1993). The competent GANHRI Sub – Committee on Accreditation, under the auspices and in collaboration with the Office of the High Commissioner for Human Rights (OHCHR), has accredited GNCHR, since 2011, A status (full compliance), in recognition of its substantial independence. Furthermore, its pluralistic composition allows the collaboration of forces that rarely coexist in a single body: administrative representatives, specialist scientists, universities, trade unions, representatives of political parties recognized by the Greek Parliament, independent authorities, Civil Society Organizations and NGOs.

Access here the final draft of the law (in greek), the accompanying documents, as well as the relevant materials of the meetings of the Standing Committee on Public Administration, Public Order and Justice of the Greek Parliament.

Access the relevant article by the President of GNCHR Maria Gavouneli: “The GNCHR before the future” (published in the newspaper KATHIMERINI on 23 – 1 – 2021).