Judges and Prosecutors Move to Dismantle Article 86: 92% Support Its Abolition
A Vote with Major Political Significance
At a time when the relationship between political power and the judiciary remains at the center of public debate, Greece’s judges and prosecutors have made a coordinated intervention in the discussion surrounding the country’s next Constitutional Revision.
The electronic vote organized by the Association of Judges and Prosecutors concluded with the participation of 1,253 members, nearly three times higher than the corresponding process during the 2018 constitutional revision.
The turnout itself is viewed as a significant political event, reflecting the judiciary’s strong interest in the institutional reforms currently under discussion.
In its official statement, the Association stressed:
“The voting results demonstrate the judiciary’s concern and determination for a more emancipated justice system, capable of regaining the trust of the people.”
The Clear Message on Article 86
The most striking result concerned the issue of criminal liability for government ministers.
Judges and prosecutors voted overwhelmingly in favor of abolishing the special parliamentary procedure established under Article 86 of the Constitution, which governs the prosecution of ministers.
Results
Abolition of Article 86 and transfer of jurisdiction exclusively to the ordinary courts
1,146 votes – 92.34%
Retention of the current system:
95 votes – 7.66%
This was one of the strongest majorities recorded in the entire ballot.
The message is unmistakable:
The judicial community believes that investigations into potential criminal responsibility of ministers should be removed from parliamentary procedures and entrusted entirely to the regular justice system.
Strong Demand for Changes in Judicial Leadership Selection
Equally significant was the position adopted on the appointment of the leadership of Greece’s highest courts.
Currently, the final selection is made by the Cabinet.
The judiciary is demanding a substantial reform of this process.
Results
Selection of Presidents and Vice Presidents through a binding pre-selection process conducted by the judiciary itself
1,161 votes – 96.03%
Retention of the current system:
48 votes – 3.97%
In practical terms, judges are seeking a decisive role in determining the leadership of their own institutions.
Opposition to Judges Moving Directly into Government Positions
Another issue that attracted a strong majority was the assumption of public office by judges after leaving the bench.
Results
Three-year prohibition on taking public positions after departure from the judiciary
894 votes – 72.45%
No restriction period:
340 votes – 27.55%
The result is widely interpreted as an effort to strengthen judicial independence and avoid perceptions of revolving-door transitions between the judiciary and political or governmental offices.
Strong Rejection of a Constitutional Court
One of the most revealing findings concerned constitutional review.
Greek judges overwhelmingly supported preserving the current decentralized model under which all courts can assess the constitutionality of laws.
Results
Retention of the current system:
958 votes – 77.07%
Creation of a specialized Constitutional Court:
285 votes – 22.93%
The vote suggests that the judiciary does not favor concentrating constitutional review powers in a single institution.
Retirement Age Extension Gains Majority Support
Participants also backed extending judicial retirement limits.
Results
Extension by two years:
888 votes – 71.90%
Extension by three years:
347 votes – 28.10%
The issue has been a recurring demand within judicial circles for many years.
A Broader Institutional Message
The overall picture emerging from the vote is politically and institutionally significant.
Judges and prosecutors did not merely offer technical observations. Instead, they outlined a coherent reform agenda with a common denominator:
Greater independence from the executive branch.
The demand to abolish Article 86, reform the selection process for judicial leadership, and impose restrictions on post-retirement public appointments all point in the same direction: strengthening judicial autonomy and reducing political influence over the justice system.
A Direct Message to Political Parties
The Association of Judges and Prosecutors is now openly calling on all political parties to take these positions seriously as preparations begin for the next Constitutional Revision.
It will be difficult to ignore a consultation in which more than 1,250 judges and prosecutors participated and where support exceeded 90% on several key institutional questions.
The central question is no longer what the judiciary wants.
The real question is whether Greece’s political parties will be willing to incorporate these demands into the country’s next constitutional reform process.
Source: pagenews.gr