Archive note: This text comes from the old archive of Nomika Epilekta and is preserved with care for historical and informational reading.

The former president of the “Association of Judges and Prosecutors” had stated that the association is not trade-unionist, but “scientific ”. He himself, moreover, had no party allegiance, but joined New Democracy and became a member of parliament in order to convey his experience to parliament.

This statement is not convincing. It is certain that the “Association of Judges and Prosecutors” is a purely trade-union body, like the “Athens Bar Association”, and that the accession of its former president (a Supreme Court judge) took place because of his allegiance to that particular party.

The successor of Charalambos Athanasiou, also a Supreme Court judge, was sincere; she appears on television and fights with fiery speech in favor of the financial interests of judges and prosecutors.

The new president of the unionized judiciary, in one of her many appearances (on 28.08.2012, on “EXTRA 3”), reminded viewers that judges’ salaries are secured by the Constitution.

The same reminder had been made by the previous president, stressing that provision for judges’ salaries was made for the first time in the Constitution of 1952, with the aim of excluding, because of poverty, their influence by various interests.

In other words, it was judged that the incentive for a judicial officer to perform in his work was financial support and not other elements, such as ideology, principles, ethos, knowledge, experience, ability and a good personality, which indeed play a crucial role but are not preferred and recede. The purely material element of remuneration prevails, which must be proportionate to the judge’s work.

She also stated that their salaries have been cut by 38% and that judges of first instance, who constitute 50% of judges, are paid 2,300 € per month.

The new president stressed that the judge is a direct state functionary and must have dignified remuneration in order to fulfill his duties, in accordance with the constitutional declaration.

Judges exercise a function with great responsibilities and workload, the unionist added, and especially the judge of first instance “has many transfers”.

For this reason, no comparison should be made with other professions. Besides, the judge is equal in rank to a member of parliament and a minister.

The representative of the governing party (Argyris Dinopoulos) agreed with the president of the Association of Judges and Prosecutors and, going further, demanded that those who evade taxes be imprisoned without suspension and without conversion of the sentence! In this way, the necessary resources would be made available for the privileged payroll of judges.

In the end it was stressed that justice operates thanks to the conscientiousness of judges, whose mission is to administer justice, and for that reason their role must not be diminished by reducing their salaries.

Because of such discussions and statements, the recent announcement of the judges’ trade-union body that they are declaring a “strike” until 10.10.2012 is no surprise. They will start trials normally and, at 10:00, will adjourn until the end of working hours.

In this way the judiciary decided to blackmail the government so that specifically their own salaries, which they consider inadequate, would not be reduced.

Thus it was confirmed that judges and prosecutors exercise a profession (function) like every other professional and do not constitute a separate and, indeed, privileged class. In any event, comparing them with members of parliament and ministers does not restore the lost prestige of their function!

Consequently, judges and prosecutors align themselves with the employees paid from the state budget, who do not want to accept that the country does not have the resources to cover the payroll of the armies of (largely useless) employees of the Greek State at the desired and claimed level.

The time has now come for not only government officials, ministers, members of parliament, secretaries and the variously named state executives, but also the judiciary, to accept that we are in the second decade of the 21st century. For this reason, privileged treatment of any professional class is not permissible, even by invoking that this class, and only this class, performs a profession (function) with great responsibilities and workload.

Professions with infinitely greater responsibilities and workload, in the performance of which the very lives of the workers are at stake, are those of military personnel, especially combat personnel (many of whom paid with their lives for their sense of honor, willingness to offer and self-sacrifice), police officers, firefighters, doctors (very many of whom risk being infected even by incurable diseases), and also those who collect refuse, whose strike places the health and life of the entire population in immediate danger.

For this reason, the provision concerning the remuneration of the judiciary must be removed from the Constitution or, otherwise, the relevant article must be supplemented with a provision for the remuneration of other categories of workers as well, regardless of whether they are characterized as functionaries or as ordinary state employees.

In other words, an immediate change of mentality is required, according to which there are professions of nobles and privileged persons, that is, superior professions (ministers, members of parliament, judges, metropolitans), and inferior professions (such as merchants, cleaning workers, liberal professionals, self-employed persons). With this mentality, which belongs to bygone eras, the distorted impression was created that in our society discrimination on the basis of profession, the claiming of privileges and the enjoyment of goods provided by the State are tolerable. And the social behavior, for example, of judges has been shaped accordingly; most of them behave with superiority, arrogance, conceit and rudeness, reinforced by obsolete and, to a large extent, unconstitutional legislation.

We know, however, that since the Greek State was founded in 1830, and even before the international recognition of Greece, privileges (and titles of nobility) were not tolerated in the territory, and those who possessed them lost them.

Thus, the judiciary must not claim special treatment, but must demand fair and equal (proportionate) treatment, because they do not constitute a privileged professional class, but a professional class like the others. They should demand from each government that it provide them, according to the country’s financial capabilities, with the means for performing their work, and they should claim what they believe is necessary for their profession, while themselves respecting the laws. They need to accept that they have no right to stand apart from other workers and to cast off, those who have it, the arrogance that gravely harms both their work (that is, the required effort and struggle to approach the concept of Justice) and the citizens, who trust no state organ or institution, not even the judicial power, that is, the judiciary.

Ultimately, it must be understood that striking judicial officers set the example for the government one day to strike, for parliament to strike and perhaps even for the president of the republic to strike, so that nothing remains standing in our long-suffering country, which needs only citizens and residents with patriotism, a sense of responsibility, democratic ethos and a willingness for cooperation, contribution and solidarity. These necessary elements are missing, and their absence makes our life difficult and tends to make it unbearable.

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