Floridis’ Controversial Bill: Restricting the Right to Defense in the Name of “Investigation Protection”?

A major backlash has erupted in Greece’s legal community over a provision in the new draft bill from the Ministry of Justice, led by Minister Giorgos Floridis, which would allow authorities to block defendants and their lawyers from accessing key parts of the case file—if deemed “necessary.”

According to the highly controversial Article 18, access to certain documents or evidence may be denied on grounds such as protecting the investigation, witness safety, or national security. Critics argue that this undermines the principle of a fair trial and dangerously shifts criminal procedure toward “secret justice.”

The Government’s Position: “This isn’t a Greek invention”

In response to the uproar, Minister Giorgos Floridis defended the measure, insisting it is not a Greek innovation but rather compliance with EU Directive 2012/13/EU.

Posting on his personal Facebook account, he noted that similar rules were already in place in Greece from 2014 to 2019, without causing significant reaction at the time. He also referenced rulings from the European Court of Human Rights, which recognize that access to evidence is not an absolute right and may be restricted under certain circumstances.

Floridis further promised that the new framework would include safeguards, such as the defendant’s right to appeal any denial of access before a judicial council.

Legal Community Reacts: “This brings real fear”

Despite the government’s reassurances, legal experts remain deeply concerned.

Prominent criminal lawyers argue that implementing the EU directive is optional, not mandatory, and accuse the Ministry of choosing the harshest possible version. They fear it could set a dangerous precedent for limiting defense rights in criminal proceedings.

A clear sign of the legal profession’s stance came from Dimitris Vervesos, President of the Athens Bar Association (DSA), who wrote in a public Facebook post:“I’ve seen a lot in my career—but this one truly scares me.”

Many lawyers see this as grounds for a nationwide legal strike, warning that the fall will likely be a turbulent period for Greek justice.

What the Provision Says – and Why It’s Raising Alarms

Article 18 of the bill, now under public consultation, states that prosecutors or investigative authorities may deny access to specific evidence or documents if:

• the investigation is at risk,
• witnesses may be endangered,
• or national security concerns arise.

While these reasons may appear legitimate, legal experts warn that in practice, such vague language opens the door to arbitrary exclusions—effectively putting defendants at a disadvantage, forced to defend themselves with partial knowledge of the case.

Although the bill allows for appeals, many in the legal community view these safeguards as symbolic rather than substantial.

The Key Question: Protection or Erosion of Fundamental Rights?

Despite Minister Floridis’ appeals to EU alignment, serious questions remain:

• Who decides what is “necessary”?
• What are the criteria for withholding information?
• Will these exclusions be subject to real judicial oversight?

Critics argue that the invocation of European directives serves as a convenient cover, but does not ensure that the Greek implementation avoids potential abuse or legal overreach.

Ultimately, the debate is not just legal—it’s deeply institutional and democratic. At its core lies the question:Does this bill truly protect the justice process, or does it quietly dismantle the principle of equality before the law?

Source: pagenews.gr