EUROPEAN PARLIAMENT

2014 - 2019

Committee on Petitions

28.11.2014

NOTICE TO MEMBERS
Subject:

1.

Petition 0082/2013 by M. P. (Greek), on the loan agreement signed by Greece

with the European and international institutions

Summary of petition

The petitioner believes that the loan agreement signed by Greece and the troika breaches the
fundamental rights of citizens, as stipulated in the Charter of Fundamental Rights of the
European Union and the Treaties. According to the petitioner, Greek Law 4093/2012
Approval of the Medium-Term Fiscal Strategy Plan 20132016 does not have any democratic
legitimacy. The law maintains and reinforces disparities in terms of the retirement age for
women working in agriculture and those working in other economic sectors. The petitioner
criticises the troikas active involvement in managing Greeces social security funds, contrary
to the agreement of February 2012. According to the petitioner, the referral to the judicial
system mentioned in the Second Economic Adjustment Programme for Greece, first version
December 2012 is pointless as the Greek Government refuses to implement court rulings,
always on the grounds of public interest.
2.

Admissibility

Declared admissible on 4 November 2013. Information requested from Commission under

Rule 216(6).
3.

Commission reply, received on 28 November 2014

The Commission believes that the fundamental rights of citizens are being respected in the
context of the programme. The adjustment of benefits, salaries, taxes or labour conditions was
inevitable in order to avoid a disorderly adjustment which would have had devastating
consequences for Greece. Such benefits do not represent per se unconditional individual or
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collective rights disconnected from the capacity of the state to afford them, which was
severely at risk at the inception of the programme.
The broad policy conditionality under the programme has been negotiated with the Greek
government, which has the responsibility for the implementation of the economic policy
conditions attached to the programme. The draft MoU for both adjustment programmes,
detailing the proposals for conditionality attached to the financial assistance facility, were
passed through the Greek parliament before signature by the authorities. In addition, the
specific measures to comply with the conditionality are decided by the Greek authorities,
which have had, and continue to have, ample leeway to decide in what manner and with what
measures such conditionality is complied with.
In this context, the Greek pension reform had several objectives: ensure the fiscal
sustainability of the system; simplify the highly fragmented system; enhance transparency and
increase fairness by strengthening the link between contributions paid and pension benefits
received and introducing a minimum pension. Reforms were needed to provide adequate and
safe pensions over the long run and cuts were directed to the highest main and supplementary
pensions. The reform was adopted keeping very much in mind the need to ensure fairness, by
limiting its impact on low income groups. The Commission underlines that measures
implemented in the field of social security aim to improve collection and foster employment
creation, and to safeguard the long-term sustainability of the social security system.
Finally, the Commission would like to highlight that, formally speaking, the Charter of
Fundamental Rights does not apply in the present case. The programme conditionality agreed
between the Greek authorities and its Lenders (IMF and Commission acting on behalf of the
Lender States/EFSF) falls outside the implementation of EU law. According to Article 51(1)
of the Charter of Fundamental Rights, the provisions of the Charter are addressed to the
Member States only when implementing Union law. In matters falling outside the
implementation of EU law, it is for Member States alone to ensure that their obligations
regarding fundamental rights - as resulting from international agreements and from their
internal legislation - are respected.
Conclusions
The Commission considers that the fundamental rights of citizens are being respected in the
context of the programme. The Commission points out that the broad policy conditionality
under the programme has been negotiated with the Greek government, which has the
responsibility for the implementation of the economic policy conditions attached to the
programme.

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