The constitutional card
Having failed to convince the European Commission about the utility of the law prohibiting media owners from bidding for state contracts, the government now appears to be playing the sovereignty card, arguing that the Commission has erred in attacking a constitutional provision. «During a debate with the EU, those who gain are those who defend their viewpoint bravely, and with arguments; the losers are those who think that, by being silent or evasive, they can avoid shouldering their responsibility,» Interior Minister Prokopis Pavlopoulos told reporters on Thursday, following a meeting with Prime Minister Costas Karamanlis. The Commission decided on Tuesday to demand explanations of the law, which it considers inimical to competition, from the Greek government within 15 days. If still not satisfied, it will send the case to the European Court, requesting also the immediate suspension of the law’s provisions, which come into force in June. In a letter to Foreign Minister Petros Molyviatis earlier this week, Interior Market Commissioner Charlie McCreevy laid out in detail the EU’s objections, both to the provisions of Article 14, Paragraph 9 of the Greek Constitution, as amended in 2001, and Law 3310, passed on January 25 this year. The Commission’s main objections have to do with the automatic disqualification of persons or enterprises «very broadly defined,» even if they have not fallen afoul of any laws before. This, McCreevy says, goes far beyond any provisions laid out in EU directives. This disqualification, along with the demand that media companies reveal their shareholders down to the last individual, violates the EU’s treaty provisions on free movement on capital and woods. It is not clear whether the government’s «defense of the Constitution» argument will be used in talks with the EU or is just for internal consumption. As Karamanlis has said, he is not prepared to reveal the government’s tactics. However, according to sources, some ministers, including Economy Minister Giorgos Alogoskoufis, are pressing for a compromise, or even a quick retreat, before the EU proceeds to cut funding. Pavlopoulos favors a tougher stance.
