The jurist, Achilleas Emilianidis, said that if the intention of the President of the Republic is to move the reform and modification of the Structure instantly, he might delay the appointment of a brand new Auditor Normal, as a way to push for it to be handed extra shortly
The suspension of Odysseus Michaelides might pave the best way for the Authorities's intention to proceed with a reform and modification of the Structure relating to the establishment of the Auditor Normal, the jurist Achilleas Emilianidis stated on Thursday at KYPE, who indicated that if the intention of the President of the Republic is to move the reform instantly, presumably to delay the appointment of a brand new Auditor Normal, as a way to push for the matter of the reform to be handed extra shortly.
Mr. Emilianidis additionally identified that if Mr. Michaelidis decides to enchantment to the European Court docket of Human Rights (ECHR), it might probably solely look at whether or not there was a violation of human rights. “It won’t be a brand new trial of the case” and any success “will imply extra of an ethical justification and won’t entail any change within the substance of the choice and the suspension, nor will it entail setting apart the choice of the Court docket”.
Invited by the KYPE to precise his place relating to what’s going to occur with the filling of the place of Auditor Normal, Mr. Emilianidis stated that “the President of the Republic should proceed with the appointment of a brand new Auditor Normal”, noting on the identical time that “he has announce the Authorities's intention to reform and amend the Structure for the establishment of the Auditor Normal, to create an Audit Council and to restrict the time period of workplace of the Auditor Normal”.
Mr. Emilianidis noticed that “there was a earlier response to this intention of the Authorities, even from events of the co-government” so as to add that “after all the suspension of Odysseus Michaelidis might pave the best way for the intention of this Authorities”.
“To finish such a reform will take a substantial time frame,” he stated, expressing the opinion that “it could not be applicable for the President to proceed with a wait of so many months or much more and never appoint an Auditor Normal.”
Referring to the case the place the President now appoints a brand new Auditor Normal, Mr. Emilianidis stated that “the chance is that if the President's addition is to change the standing of the Auditor Normal and now appoint a brand new Auditor Normal, this new Auditor clearly he will likely be appointed with the present regime, which has no time period restrict”.
“So,” he famous, “if his addition is to nominate a term-limited Auditor Normal, that's undoubtedly one thing he'll be involved about.”
He additionally said that “in the mean time we’ve a big upheaval, within the sense that the Assistant Auditor Normal, Kyriakos Kyriakou, as of as we speak is actually the Deputy Auditor Normal”, to notice that “there’s a probability that Kyriakou will stay on this place till the procedures for reforming and amending the structure for the establishment of the Auditor Normal are finished.”
“Usually the President is obliged to proceed with the appointment of the Auditor Normal. Presumably, if the President's intention is to move the reform now, he might delay the appointment of a brand new Auditor Normal, as a way to put strain on the intention to move the reform sooner and extra consensually. Nonetheless, the constitutional obligation of the President is to nominate a brand new Auditor Normal, however within the meantime – so long as there may be an Assistant Auditor Normal – he’ll carry out the duties of Deputy Auditor Normal”, defined Mr. Emilianidis.
“The choice left no room for mitigating circumstances for Odysseus Michaelidis”
Requested to touch upon the choice of the Supreme Constitutional Court docket, Achilleas Emilianidis stated that it was unanimous “and which means that the Court docket heard the testimony, convened and reached its findings, with none Choose wishing to current a unique reasoning or to fluctuate his place from the remainder”.
He added that “actually there was a discovering of misconduct and as soon as there’s a discovering of misconduct it’s an inescapable consequence that there ought to be a suspension of the official from workplace,” nonetheless, he stated “it’s sensational that the choice left no leeway extenuating circumstances to Odysseus Michaelidis, nevertheless it was from the start to the top an accusation, for the best way he carries out his duties over a five-year horizon”.
Elaborating additional on the choice, he advised the KYPE that the Court docket “judged a sequence of circumstances, which had induced big public debates and constituted a subject of battle throughout these 5 years of the Auditor Normal, both with the Normal and the Assistant Legal professional Normal, or with the earlier and the current Authorities, or with different individuals, such because the Rector of the College of Cyprus”.
He famous that “on all these factors the Court docket discovered that the Auditor Normal's positions had been unsubstantiated or unfounded or exceeded the boundaries of his authority and successfully shielded the Normal and the Assistant Legal professional Normal, contemplating that the fees in opposition to them could be unsubstantiated, for a sequence of very severe points, which occupied the general public, comparable to naturalizations, a number of pensions, the query of the Ministry of Finance or the Ministry of Protection and so forth”.
“On this respect,” he stated, “the choice was not restricted to a single occasion, however involved the train of the duties of the Auditor Normal, primarily over a five-year horizon, in view of the positions for which it was determined.”
He went on to say that “the choice additionally prolonged to the best way the Auditor Normal carries out his duties in public, which means there was criticism of the best way he manages the media and social media, for the best way he tolerated the Auditor Normal's Fb Assist Group, for the best way by which he issued bulletins, which principally accuses him of not being correct, however deceptive, and in some circumstances he even accuses him of getting contradictory habits with what he was asking of different officers in relation to how he behaved himself.”
The picture left by the choice is “levelling”.
Mr. Emilianidis spoke of “very severe accusations and findings” on behalf of the Court docket relating to the particular person of the Auditor Normal and the best way of finishing up his duties. He additionally added that “he principally accuses him of doing a lot of these items for petty causes, that’s to get pleasure from reputation and publicity, which actually for an impartial official, such because the Auditor Normal, is petty to say that he didn’t do what he did, within the public curiosity, however he did them for private causes of recognition or publicity.”
As well as, Achilleas Emilianidis spoke of the “levelling picture” that the choice leaves for the Auditor Normal, noting that “there isn’t any constructive factor for him within the determination”.
He said that if he provides the choice to be learn by one in all his colleagues in Greece, who doesn’t know who Odysseas Michaelidis is, the conclusion he’ll draw from studying it’s that “he is without doubt one of the worst officers that ever existed”.
“On this sense, the choice for the particular person of Odysseus Michaelides and for his work in these ten years is sort of leveling”, he famous.
The choice has been the topic of debate for a few years
When requested if the choice would be the topic of research by authorized circles, he expressed the knowledge that “this determination will likely be mentioned for a number of years, on condition that it’s a high determination of historic significance, which considerations a well-liked Auditor Normal, who from an extended a part of society is taken into account to have had an necessary constructive signal and to have modified the picture of the Audit Service”.
“He undoubtedly loved monumental reputation,” he identified. “It was referred to this Court docket and so they stated that we aren’t involved with the recognition of the Auditor, however we’re involved with judging whether or not or not on the premise of the testimony he had proven improper conduct. So the choice will certainly be a topic of debate for a few years,” he stated.
Any success of Odysseus within the ECHR will solely be ethical vindication
Requested whether or not Odysseas Michaelidis' potential enchantment to the European Court docket of Human Rights (ECHR) will have an effect on the occasions, Mr. Emilianidis said that “Odysseas Michaelidis clearly has each proper to resolve after session together with his authorized advisers whether or not to enchantment to the ECHR” .
He famous, nonetheless, that “the ECtHR is a world courtroom, which operates in an auxiliary capability, that’s, it doesn’t look at the substance of the case, however examines whether or not there was a violation of human rights”.
Mr. Emilianidis defined that if Odysseas Michaelidis appeals “it will likely be judged solely within the restricted scope of whether or not there was a violation of human rights and never for a retrial of your complete case”.
“It won’t be a brand new trial of the case”, he defined, so as to add that “any success of it can imply extra of an ethical justification and won’t entail any change within the substance of the choice and the suspension, nor will it entail setting apart the choice of the Court docket” .
Supply: KYPE
