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On 2 November 2005 the Greek Parliament voted a new Act amending the Act voted in January 2005 (see IRIS 2005-3: 13) preventing companies “interconnected” with mass media businesses from obtaining public contracts. The new text does not automatically assume a conflict of interest when a media owner or shareholder bids for a public contract but it presupposes the existence of a judicial decision referred to the punishable act of corruption, committed by a public contractor. In accordance with another provision, the obligation imposed on foreign media companies to register the shares held by individuals...

On 27 April 2005 the European Commission issued a “reasoned opinion” against Greece (second stage of the infringement procedure) over the controversial law 3310/2005 preventing companies “interconnected” with mass media businesses from obtaining public contracts (see IRIS 2005-3: 13). The Commission considers that the law “is contrary to both secondary Community law (the Directives on public procurement), in that it lays down exclusion criteria that are not provided for in the Directives, and primary Community law (the EC Treaty), in that it lays down measures that impede, or render less attractive,...

A new media bill has been voted by the Greek Parliament on 25 January, aimed at enforcing a constitutional provision preventing media owners and executives from obtaining state contracts. According to art.14 para. 9 of the Constitution (as revised in 2001), spouses and relatives of the above persons are considered to be counted as such persons, and are therefore also subject to the obligation of incompatibility.On the contrary, Law 3021/2002, proposed by the former socialist government, provided the opportunity to a relative to prove that he was financially independent of the owner of a media enterprise...

The incompatibility between the ownership of media enterprises and enterprises in the field of public administration is at the center of a judicial and institutional debate in Greece. On the one hand, the principle of incompatibility is included in Article 14 para. 9 of the Constitution (as revised in 2001) which provides that this principle applies not only to the owners, but also to their spouses and relatives. On the other hand, law 3021/2002 allows a relative to prove that he/she is financially independent from the owner of a media enterprise so that the principle of incompatibility does not...

Fifteen radio broadcasting licenses (in the Attica department) have been cancelled by the Symvoulio tis Epikrateias (the Highest Administrative Court) two years and six months after having been issued by the former Minister of Press and Mass Media. According to judgment 2953 of 19 October 2004, the decision of Ethniko Symvoulio Radiotileorasis (National Council of Radio and Television, Independent Regulatory Authority ­ ESR) ­ which in 2001 only had to give its unanimous opinion to the Minister ­ was (among others) inadequately justified as regards the candidate stations. According to the judgment,...