source – newsbreak.gr

Panicked, they put an end to the adoption of children by same-sex couples through surrogacy

Full speed ahead – After passing the unacceptable bill, they are now changing it against the backdrop of the democratic collapse

The democratic collapse of recent months and the obvious disappointment of their voters are squeezing the Mitsotakis government for good, which is now backing down on the possibility of same-sex couples and single men having a child through a surrogate mother .

After the election of Trump, who “extinguished” the woke agenda, the Mitsotakis government is changing tactics and attempting to “collect” the legislation that caused strong reactions in Greek society and within the New Democracy party. Thus, it was announced that the Minister of Justice, George Floridis, announced that with a special provision in a multi-bill of the Ministry of Justice, an amendment is made to the chapter of the Civil Code (article 1350) that concerns family law. According to the amendment, same-sex male couples or single men are deprived of the right to parenthood through surrogacy.

According to Justice Minister George Floridis:

“Regarding medically assisted reproduction by transferring eggs into another woman’s body, significant interventions are being performed.”

1. Inability to conceive due to gender and does not constitute a medical inability to conceive within the meaning of this

2. The judicial authorization shall be valid as soon as the judicial decision granting it becomes irrevocable.

Although the legislation does not provide for the possibility for same-sex couples to adopt through surrogacy, there have nevertheless been courts that have issued opposing decisions on this issue.

Furthermore, according to Mr. Floridis, this interpretative regulation has a “deeply humanitarian character” as “Greece is in danger of becoming a country of trafficking in surrogate mothers with the previous interpretation.”

At the same time, as Mr. Floridis stated, ” in order to avoid any doubt regarding the issue of the limitation period for the criminal liability of ministers, which is formulated in article 3, paragraph 2 of law 3126/2003, the wording regarding the existence of the limitation period provided for in article 86 of the Constitution is deleted, which of course , in any case, does not apply after the revision of article 86 that took place in the revision of the Constitution in 2019.”

According to the new provision, the statute of limitations for the offenses of ministers will be 5 to 8 years for misdemeanors and 15 to 20 for felonies, as is the case for offenses for all citizens.

“This is a legally unnecessary regulation , but it is good that it exists to stop any discussion in the public sphere,” said G. Floridis and added: ” In the cases that are pending under the Constitution at this time, there is no question of retroactivity.”

For his part, Deputy Minister Ioannis Bougas stated: “There is no doubt that article 86, paragraph 4, of the Constitution applies with regulatory force since 2019.”

Furthermore, the Ministry of Justice accepted the proposals of the Administrative Plenums of the Supreme Court and the Council of State, and is making changes to the method of appointing the leaders of the Supreme Courts, such as that ballots must have at least 3 candidates in order to be valid, etc.

Also, an order with immediate effect provides for the issuance of a Prosecutor’s Order, which will order the publication of information about a wanted perpetrator of a violent crime who is dangerous to public order and security. ” Thus covering a significant gap in the goal of public order and security of citizens ,” as Mr. Floridis said.

For his part, Deputy Minister of Justice Ioannis Bougas pointed out that the bill “attempts to reform the institutional framework for the protection of individuals placed under the legal aid regime, with the aim of modernizing the institution and adapting the country to international standards .”

According to an announcement by the Ministry of Justice, the multi-bill:

“1) A significant change is being made in the way candidate Judicial Officers are examined, with their examination in the processing of a pleading of a relevant legal remedy or instrument (indicatively a lawsuit , appeal, appeal, application for annulment, management of pre-investigation proceedings or a submitted appeal, etc.), as well as defendants’ proposals, defendants’ claims, memoranda, etc.). The high level of the admitted candidates is ensured by evaluating their necessary critical abilities by processing and examining specific pleadings and not practical issues as if they were at the University.

2) Increase in the final success rate in the Judicial Officers’ competition, provided that the candidates have the status of permanent resident in areas where there is a great need, such as island and border areas, or declare that they wish to be appointed to one of these positions, committing to serve for at least ten years in the position to which they are appointed.

3) Regarding obstacles to the location of Judicial Officers , it is clarified that they apply at the level of the Court of Appeals district.

4) Implementation-related additions are being made to the article on the appointment of the Supreme Court Leadership , a landmark provision for the Rule of Law that we voted on last year. These additions are being made following proposals from the Administrative Plenary of the Supreme Court and the Council of State.

5) The following provisions concern the encouragement of former Justices of the Peace and already Special Yearbook Judges of First Instance to join the general yearbook, providing that upon their joining the general yearbook they will not be transferred for a period of three years without their application, as their joining does not constitute a promotion, while the possibility of appealing to the Supreme Judicial Council in the event of rejection of their application is also provided for.

6) Another step is being taken towards the digitalization of Justice and the improvement of the daily life of its agents, with the electronic delivery of their service status matters to judicial officers.

7) Provision for the salary situation of former Justices of the Peace and now Courts of First Instance of the Special Yearbook, with full protection of their financial rights.

8) The possibility of establishing Independent Offices for the Protection of Minor Victims in each Appellate District is foreseen , while until now the law with the nominal establishment did not give this possibility to entire Appellate Districts not to have a Children’s Home, e.g. in Thessaly.

9) Provision of an immediately effective Public Prosecutor’s Order, which will order the publication of information about a wanted perpetrator of a violent crime who poses a danger to public order and security. This fills a significant gap in the interests of public order and security of citizens.

10) Right to appeal by the Prosecutor of Appeals to the Judicial Council, against an order imposing restrictive conditions by the Investigator of the Misdemeanor Courts.

11) Cadastral mediation in cases with a non-private defendant (Local Government Organizations or Legal Entities of Public Law ).

12) Establishment of a position of communications consultant to assist the press representative and assist in the work of communication of the Supreme Courts and the Supreme Court Prosecutor’s Office with public information agents.

13) Provisions to support families with three or more children.

Triplets and large families who succeed in the Judicial Officers’ School will serve in the place of their choice.

14) With regard to medically assisted reproduction by transferring eggs to the body of another woman, significant interventions are performed . 1. The inability to conceive due to gender does not constitute a medical inability to conceive within the meaning of this provision. 2. The judicial authorization shall be valid as soon as the judicial decision granting it becomes irrevocable.”

15) Change in age limits for notaries (abolition of the upper age limit for participation in the competition) and for bailiffs (increase in the upper age limit for participation in the competition to 50 years and increase in the retirement age, if they wish, to 70 years.

16) In order to avoid any doubt regarding the issue of the limitation period for the criminal liability of Ministers, which is formulated in article 3, paragraph 2, of law 3126/2003 (implementing law of article 86 of the Constitution after the 2001 revision), the wording regarding the existence of the limitation period provided for in article 86 of the Constitution is deleted , which of course, in any case, does not apply after the revision of article 86 that took place in the revision of the Constitution in 2019.

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