The request of Pan-Macedonian organizations to suspend the Prespa agreement was rejected



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Today, the State Council has rejected the request of Pan-Macedonian organizations to suspend the Prespa Agreement, signed on June 17, 2018, between the foreign ministers of Greece and Skopje [19459003

The Panhellenic Federation of Macedonian Cultural Associations and 13 Pan-Macedonian Associations of Expatriate Macedonians appealed to the Supreme Court of Cbadation

In their Application, they request the suspension and the dismissal. cancellation of the Prespa agreement due to a violation of Article 27 of the Constitution, according to which, prior to the signing of the agreement, a prior vote of the Parliament is necessary, with an increased majority because it implies a change in geographical terms (from the Macedonia region)

. so much the principle of popular sovereignty, Article 1 (3) of the Constitution was violated because it was signed despite the opposition of the Greek people to any name conceding without a referendum, but the principle of declared

The main request for annulment was decided to be discussed at Plenary Session of the Council of Europe the first ten days of next December with the Councilor of State Dimitris Skaltsounis

Today, with the President Vice-President Athanasios Rantos and the rapporteur Mr. Skaltsounis have issued Decision No. 199/2018 of the Committee of Suspensions of the State Council, which rejected the request for suspension.

State Councilors declare that the agreement does not show that the procedure o

With respect to the applicants' allegations that disclosure to of NATO and to the European Union that the Hellenic Republic supports the accession of Macedonia to these organizations, "A situation will be created that will put the Greek Parliament before the fait accompli when it will be called upon to ratify acts of accession, because the country's risk of international responsibility would be jeopardized if it did not do so, "state councilors reply. irrespective of the applicants' legal interest, it does not appear that those proceedings were completed before the entry into force of the Agreement or that irreversible legal situations were created

In addition, if the agreement did not enter into force, it is expected that all of these provisions and its provisions will in no way bind the parties.

At the same time, the Council of Europe states that Pan-Macedonian organizations argue that the risk of losing the name "Makedonikos" for Greek products, and the financial consequences of Macedonian Greek products will be unpredictable and there will surely be challenges of Greek brands and brand names of products and companies.

However, State Councilors state that "even in potentially future and uncertain situations that, incidentally, are not directly caused by the text of the agreement, is, in any case to reject – in addition to its vagueness – as alleged in the interest of a third party, since the applicants do not claim or demonstrate to have a legal relationship with any particular product, brand or undertaking directly affected by the application of the terms of the agreement. "

At the same time, the organizations claim This agreement will have the direct consequence of the revision of textbooks in the direction of the falsification of the law. Greek history. However, the CoE replied that this consequence "is future and uncertain, mainly because it does not seem that the revision of the textbooks is necessary, and more precisely in which direction it will be initiated if necessary by the multidisciplinary committee to put in place. in place "

In addition, the judgment adds that" the legality of school curricula may be challenged before the Council at a later stage ".
The Court of Cbadation dismissed the application for suspension on these grounds without considering at this stage whether the disputed acts "constitute executable acts of the administration subject to the supreme jurisdiction of the Board of Directors". State or constitute unilateral administrative acts, either in the form of governmental acts. "

Finally, the CoE also rejected the memorandum in favor of the positions of pan-Macedonian organizations of the lawyer and of his representative of the "Greek Movement of Immediate Democracy" by George Kokka because it can not be taken into account because it has not been legalized because it has not invoked the right to intervene in the case.

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