Wyrok Izby Europejskiego Trybunału Praw Człowieka z dnia 14 marca 2023 r. w sprawie Georgiou przeciwko Grecji, skarga nr 57378/18

Abstract

In March 2023, the European Court of Human Rights issued a judgment concerning the former President of the Greek Statistical Office. The case was described as a test of the Greek justice system, and the issue at stake was the reliability of published statistics relating to the functioning of both the national and the Community economy. Andreas Georgiou was President of ELSTAT, the Greek equivalent of the Polish Central Statistical Office, from 2010 to 2015. In its first year of office, it provided the European Statistical Office with statistics relating to the budget deficit in Greece for 2009. According to Greek law, the competence to make statistics public rested with the Executive Board of ELSTAT, not with the President himself. The Greek authorities accused him of having committed the offence of abuse of power. Georgiou, on the other hand, claimed that he had acted in accordance with the principles of the European Statistical Code of Practice. It provides that the heads of statistical offices are solely responsible for decisions on the content and timing of the publication of statistical information. The defendant faced up to 10 years in prison. The Court of First Instance found Georgiou not guilty. However, the court of second instance sentenced him to two years imprisonment. The Court of Cassation rejected the appeal against the judgment of the Court of Appeal without, however, referring to the defendant’s objections relating to the need to refer a question to the Court of Justice of the EU for a preliminary ruling. Before the sentence came into force, Georgiou left for the United States. In the present judgment, the ECtHR found a violation of the Convention. The judgment is expected to restore confidence in Greek statistics and demonstrate the independence of the statistical office from pressure from the authorities.