Greek Council Slams Finance Ministry on Asset Seizures



Greek-counsil-of-state-CoSThe Greek Council of State (CoS) has again questioned the decisions of the country’s Finance Ministry, this time deeming as unconstitutional the practice of seizing debtors’ assets without notice.

The new law on foreclosures and seizure of debtors’ assets, passed last year by the Greek parliament, specifies that tax offices or insurance funds have the authority to seize funds from bank accounts against debts to the state without informing the account holder. The new law also mentions that any prior seizure notice is mandatory only in the case of real estate foreclosure.

The Greek Supreme Administrative Court based its decision (366/2014) on the interpretation of the provisions found in Article 30 of the Greek Public Revenues Collection Code and Article 20 of the Greek Constitution. The CoS mentioned that seizure notes must be served to the debtor prior to any actions being taken against him, in order for the served person to initiate an appropriate response to the notice, either by settling his debt or postponing the execution of the seizure. The CoS’ decision also clarified that any failure to follow the above procedure will result in the annulment of the seizure, thus appealing against the common practice of the Finance Ministry to seize funds of state debtor without informing them in advance.


3 COMMENTS

  1. “unconstitutional the practice of seizing debtors’ assets without notice”

    Normally, for law obeying situations, the government should provide plenty of notice to taxpayers. However, some common sense has to be used around tax evasion. If you tell a tax evader in advance that you are doing to seize their assets, they are going to hide them beforehand. Giving them advance warning is sort of like irrationally telling drug dealers notice the police are going to bust into their place next Tuesday to look for drugs.

    If there is enough evidence to justify seizure without warning due to conscious fraud (which doesn’t necessarily represent all cases as some tax bills are just late) they should do it. We are talking about thieves here.

  2. People should know that this country is built on stealing people’s money and assets for the benefit of our corrupt politicians and their parasites…The country’s Constitution gives the right to our politicians to steal from the people and loot the country’s wealth…

  3. The parasites are those that oppose cuts. That would be parties like fascist GD and communist Syriza — aka former ND and Pasok voters that switched parties when the government gravy train finally stopped.

    The vast vast majority of our debt was created spending on the people. The idea that our politicians spent all the money on themselves is a lie. While there is some corruption in our government there is also plenty of corruption among rich, middle class and poor alike. If we want to help the Greek people it will not by come burning witches. It must come through root cause analysis and fixing issues one by one.