Commission for Greece: Warnings but also a referral to the Court

THE European Commission decided to sends a reasoned opinion to Greece in order to correctly transpose it into its national lawn EU legislation criminalizing hate speech and hate crimes.

Purpose of the framework decision on combating racism and xenophobia through criminal law is to ensure that serious manifestations of racism and xenophobia, such as public incitement to violence or hatred, are punished by effective, proportionate and dissuasive criminal sanctions across the EU.

Today the Commission decided to send reasoned opinion in Greece, because it did not fulfill its obligations regarding the transposition of the Framework Decision into its national law. In June 2021, the Commission sent a letter of warning to Greece, calling for an appropriate level of criminalization of hate speech. Greece’s responses did not sufficiently alleviate the Commission’s concerns. Therefore, the Commission decided to send a reasoned opinion to Greece, which now has two months to respond. If the answer is not satisfactory, the Commission may decide to refer the case to the Court of Justice of the EU.

The Commission calls on Greece to fully transpose into its national law all the provisions of the Directive on the reception conditions of asylum seekers

The European Commission has decided to initiate infringement proceedings sending a warning letter to Greece, Belgium, Spain and Portugal because it did not fully transpose into national law all the provisions of the directive regarding the requirements for the reception of applicants for international protection.

Ensuring full compliance with the Reception Conditions Directive is an important condition for the proper functioning of the Common European Asylum System and the Commission is closely monitoring how all Member States have transposed this legislation into national law. The Commission considers that Greece and the other three Member States have incorrectly transposed certain provisions of the Directive and, now, they have two months to respond to the Commission’s arguments. The Commission, if it does not receive a satisfactory answer, may decide to send a reasoned opinion.

In addition, the Commission calls on Greece to comply with the directive on the recognition of persons as beneficiaries of international protection. The Commission decided to initiate an infringement procedure by sending a warning letter to Greece, because it did not transpose all the provisions of the directive in a fully compliant manner into its national law.

Ensuring full compliance with this directive is an important condition for the proper functioning of the common European asylum system. The objective of the directive is to ensure, on the one hand, that Member States apply common criteria to identify persons in need of international protection and, on the other hand, that such persons have access to the minimum level of benefits in all Member States. The Commission considers that Greece, as well as Portugal and Finland, have transposed or incorrectly implemented certain provisions of the Directive and now have two months to respond to the Commission’s arguments. The Commission, if it does not receive a satisfactory answer, may decide to send a reasoned opinion.

Finally, the Commission decided to initiate infringement proceedings against Greece and other 21 member states, because they have not fully complied with the Terrorist Online Regulation.

This regulation is of fundamental importance for the preventing the abuse of the internet by terrorists in order to spread their ideology, intimidate, radicalize and recruit citizens online. The regulation provides a legal framework to ensure terrorist content is removed from the internet within one hour of receiving a takedown order issued by a competent national authority and obliges companies to take specific measures when their platforms are exposed to such content. At the same time, it establishes strict safeguards to ensure full respect for freedom of expression and information. The regulation entered into force on 7 June 2022. However, not all Member States have adopted all the necessary measures provided for in it.

The Commission, if it does not receive a satisfactory answer, may decide to send a reasoned opinion.

Commission refers Greece to the Court of Justice of the EU for failing to prevent damage to nature from invasive alien species

The Commission decided today to refer Greece and five other Member States to the Court of Justice of the European Union, because it did not prevent damage to nature from alien species of plants and animals (invasive alien species).

Invasive alien species are plants and animals that are accidentally or intentionally introduced into a natural environment to which they are not normally answered. According to the Commission, Greece did not implement various provisions of the European regulation for the prevention and management of the introduction and spread of invasive alien species. This regulation provides for measures to be taken throughout the EU. Greece has not drawn up, implemented and communicated to the Commission an action plan to address the most important routes of introduction and spread of invasive alien species. The Commission sent a warning letter to Greece in June 2021 and a reasoned opinion in February 2022.

According to the Commission, Greece, as well as five other member states (Bulgaria, Ireland, Italy, Latvia, Portugal) have not fully complied with their obligations and the efforts they have made to date have not been satisfactory and sufficient. The Commission is therefore referring the Member States in question to the Court of Justice of the European Union.

Commission calls on Greece to comply with EU rules on public procurement of utilities

The European Commission has decided to initiate infringement proceedings against Greece due to non-compliance with its national legislation with the EU public procurement rules in the field of utilities.

Greek legislation provides that contracting entities apply a special tendering procedure, the so-called “short competition”, regarding the awarding of all public contracts for the temporary installation and operation of desalination units of a specific capacity on islands in Greece, regardless of the value of the contracts. However, the process “brief competition» for the award of public contracts whose value equals or exceeds the EU thresholds does not comply with the transparency requirements provided for in the directive. Therefore, the Commission considers that the Greek legal provision allowing the use of the disputed procedure for the specific contracts clearly violates EU law.

Greece now has two months to respond to the concerns expressed by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.

The Commission asks Greece to transpose all the requirements of the Child Sexual Abuse Directive into national law

The European Commission decided to send a letter of warning to four member states, including Greece, to ensure the correct transposition into national law of all the requirements of the Child Sexual Abuse Directive.

Directive 2011/93/EU is an essential part of the EU legal framework to combat child sexual abuse and requires Member States to introduce minimum rules on the definition of criminal offenses and sanctions in the field of child sexual abuse. sexual abuse and sexual exploitation of children, child pornography and the exploitation of children for sexual purposes. It also establishes provisions to strengthen the prevention of such crimes and the protection of their victims. Greece, as well as three other member states (Czech Republic, Estonia, Croatia) now have two months to respond to the Commission’s arguments. The Commission, if it does not receive a satisfactory answer, will send a reasoned opinion.