Union submits proposals for revision of Constitution

In early January 2007, the Greek General Confederation of Labour (GSEE) submitted its proposals for revision of the Greek Constitution to the President of the Republic, the Prime Minister, the Speaker of Parliament and parliamentary party leaders. Along with its proposals, GSEE also expressed its views on issues relating to the support of workers’ social rights.

As part of its reform policy, the Greek government has proposed a revision of the Greek Constitution. The 1975 version is the longest-standing Constitution in Greek constitutional history, and is also one of Europe’s most comprehensive and modern constitutions. It is commonly recognised as the most democratic and progressive constitution that Greece has ever known. In fact, subsequent revisions to the charter added important elements, but they did not change its core. The same is true of the latest revision in 2001.

Reasons for reform

According to the government, however, two facts have once again provoked discussion on the issue of revising the Constitution. First, certain urgently needed constitutional changes were not accepted during the last revision. Secondly, some of the changes adopted in the previous revision have failed to produce the expected results.

Content of government proposal

The main features of the government’s proposal for revision are:

• universal availability of modern education;

• further assurance of the independence of the judiciary as a necessary precondition for the operation of the state based on the rule of law as well as for the reinforcement of Greek democracy;

• environmental protection, guaranteeing sustainable development and a better quality of life for citizens;

• effective protection of property in accordance with its purpose;

• a state that serves its citizens, with improved services, trained and highly skilled staff, a human face, structures and operations free from unnecessary bureaucracy, and streamlined expenditure of public funds;

• overall transparency, in order to restore citizens’ trust in public life and the political system;

• stronger and improved local authorities that are capable of meeting the increased challenges and needs of citizens.

Content of GSEE proposal

On 3 January 2007, the Greek General Confederation of Labour (GSEE) intervened in the public debate on constitutional revision by putting forward its proposals and views for the upcoming revision, mainly on issues of support for workers’ social rights.

In this regard, GSEE proposed the following changes:

• to add a preamble to the Constitution that would make straightforward and explicit reference to the need to maintain and support the welfare state and safeguard social rights. GSEE also believes that the revised Constitution must promote, ensure and reinforce social cohesion and security, while preventing social exclusion;

• to introduce clauses making Article 21 of the current Constitution more specific, in which the principle of the welfare state was introduced during the constitutional revision of 2001. GSEE proposes that the Constitution should also recognise social legislation, so that any lowering of the existing level of protection would be considered unconstitutional;

• to clearly establish the constitutional right of all citizens to a decent standard of living guaranteed by the state;

• to guarantee the provision of services in the public interest such as energy, telecommunications and water supply, among others, to all citizens without exception;

• to enshrine in the Constitution the participatory role of the social partners in mapping out national policies on development and social cohesion;

• to extend the right to strike to members of the judiciary and the security forces, and to ban lockouts by employers;

• to abolish the requirement of judicial ratification to set up a trade union;

• to recognise the principle of national treatment of immigrants, by ensuring that the rights and freedoms now associated with the granting of citizenship should be available to all;

• to regulate public servants’ pay by collective labour agreement.

Union reacts to proposal regarding public sector posts

GSEE is opposed to the government’s proposal to fill permanent positions in the public sector using private-law open-ended employment contracts, rather than hiring permanent employees, as has until now been set out in Article 103, paragraphs 2, 3 and 5, on permanent status in the public sector. On this issue, GSEE considers that it should be clarified whether this fact indicates an intention by the government to reduce the number of public servants and to increase the number of employees under private-law employment contracts. The trade union argues that the government should also clarify whether it intends to give permanent status in the future to younger contract workers, to whom the exclusions of Article 103 of the Constitution and Presidential Law 160/2004 now apply (GR0405102F).

It should be noted that GSEE does not include in its proposals an additional request to revise Article 16 of the Constitution regarding the creation of non-state universities in Greece. The proposed revision of this article has sparked much debate, since the GSEE President, Yiannis Panagopoulos, has stated that there is no need to revise Article 16. Meanwhile, the Federation of Greek Industries (SEV) has also presented its proposals, which call for a complete overhaul of Article 16 (GR0702049I).

Anda Stamati, Labour Institute of Greek General Confederation of Labour (INE/GSEE)