In the seven -member composition of 4th Department of the Council of State, chaired by Vice President Spyridoula Chrysikopoulou and rapporteur on Paredro Haido Gospel The application for annulment of the Professor of the Law School of the EKPA Panagiotis Lazarato was discussedu, directed against the decisions of the Minister of the Interior, by which Greek citizenship was recognized to members of the former royal family and were given the surname “De Gree” (of Greece), while At the same time, the professor is also turning against their registration in the Municipality of Athens.
In particular, the K. Lazaratos in his speech focused on the theory of impressions under Article 4 (7) of the Constitution, As applied by the Court of Justice of the European Union, the European Court of Human Rights and the Constitutional Courts of Europe, and in particular Austria and Germany.
As, he argued Mr. Lazaratos is crucial to whether the surname “de grh”which does not correspond to the usual type of adjective in our country, could create the impression of citizens (objective perception) that the person who possesses it has privileges of origin or social status.
Consequently, the professor continued, the members of the former royal family, in particular, with this particular origin, personality, activity and history, objectively create the impression of Greek citizens, that they have privileges, which are due to their origin and social status. And he added that the use of the adjective “de Greys” is contrary to Article 4 (7) of the Constitution, which states that “titles of nobility or discrimination are neither awarded nor recognized to Greek citizens”.
Elsewhere, Mr. Lazaratos He said that the selection of the adjective “de Gree” is contrary to the constitutional principle of equality and the democratic authority. And this is because it refers to the class origin of the members of the royal family and to the preservation of the privileges they held before the abolition of the kingdom in Greece.
The intervention of the members of the former royal family in the CoE
The ten members of the former royal family through their lawyer Konstantinos Lidoriki had made an intervention to reject Mr Lazaratos’ request. The latter said that the European etc. Jurisprudence cited by Mr Lazaratos has nothing to do with the current data examined by the CoE and that members of the royal family do not use nobility titles and the “prince” address etc. It is used by third parties (citizens, etc.), but not by themselves.
Mr Lidorikis also said that the recognition of Greek citizenship in the former members of the royal family does not threaten the democratic rule of our country, and the surname “de Green” was used by their uncle by the writer Michael de Gree since 2004.
The former royal family’s lawyer also argued that Mr Lazaratos did not establish the required legitimate interest in the application for annulment to the CoE, as otherwise the An application for cancellation takes the form of popular education.
The Lawyer of the Ministry of the Interior (NSK) Vassiliki Papaloi said Mr LazaratHe had no legitimate interest in submitting the application for annulment to the CoE, as his legitimate interest in establishing it must be immediate, but here his interest is neither immediate nor personal, nor is it in time. Consequently, there is talk of popular trial, Mrs Papaloi added.
Still, the Attorney of the Ministry of the Interior He argued that the application for cancellation of the professor is out of time and should therefore be rejected.
The 4th section of the CoE reserved to adopt his decision.