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The President of the Council of State Mary Sharp for reasons of public interest rejected the request of the party “MERA25” and its secretary Giannis Varoufakis, as well as the Association for Human and Citizen Rights, with which they asked to “freeze” the decision of the head of the Hellenic Police, which does not allow celebrations for tomorrow’s anniversary of the Polytechnic.
Ms. Sharp rejected the request for precautionary measure on grounds of public interest and protection of public health against dangers COVID-19 spread.
Therefore, the prohibition of public meetings in the open air to celebrate tomorrow is considered constitutional. Polytechnic.
In particular, “MERA25”, the Association for Human and Citizen Rights, as well as two citizens had previously appealed to the Council of State, in addition to submitting a request for annulment, a request for suspension and a request for a provisional order to immediately suspend to the accused. Decision No. 1029/8/18 of the Head of the Hellenic Police, by which all public meetings in the open air were prohibited throughout the territory during the period between November 15 at 6 a.m. and November 18, 2020 at 9:00 p.m. At the same time, they turned against the Minister of Civil Protection. Michalis Chrysochoidis.
Mrs. Sharp presented, at this stage, the request of the applicants in the Plenary Session of the CoC and rejected the request for precautionary measure that had been requested by “MERA25”, etc.
The plaintiffs allege that the ban on the Polytechnic’s anniversary celebrations violates article 11 of the Constitution, which deals with the right of citizens to open-air public meetings, as well as the constitutional principle of proportionality.
They also claim that the contested decision does not have a legal reasoning as required by the Constitution, although they also refer to European jurisprudence.
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