Parliament: First Time Operating with 297 MPs – What Changes After the Expulsion of the Three Spartans, and the “Battle” Over the Interpretation of the Electoral Court’s Decision

A significant shift in Greece’s post-junta and legislative landscape has occurred following the decision by the Special Electoral Court, which has resulted in the removal of three elected members from their positions in the national legislature. The Supreme Special Court’s final ruling mandates the definitive “expulsion” of Vasilis Stigas, Petros Dimitriadis, and Alexandros Zerveas from Parliament. The court has also directed that the Parliament function with 297 MPs until the next national elections, as it does not permit a process for filling the vacated seats.

The court’s reasoning indicates that the Spartans party’s participation in the June 2023 elections was entirely illegal due to Ilias Kasidiaris exercising effective leadership, despite being convicted for leading a criminal organization. However, legal consequences apply only to the three MPs facing challenges, while the remaining nine elected Spartans MPs (I. Kontis, Ch. Katsivardas, G. Manousos, I. Dimitrokallis, D. Valtogiannis, Th. Chalkias, K. Floros, G. Aspiotis, and M. Gavygiotakis) retain their seats.

It’s notable that this decision aligns with a previous ruling from the Plenary Session of the Supreme Court’s A1 Division, which disqualified the Spartans from the recent European elections. However, it contrasts with a more recent ruling by the Single-Member Court of Appeals that acquitted the Spartans in a voter fraud case.

Legal Uncertainty and Debate

Currently, the Parliamentary Presidium awaits the official document from the Supreme Special Court to implement the ruling and formally dismiss Stigas, Dimitriadis, and Zerveas.

Meanwhile, legal experts and constitutional scholars are divided on whether the reduction in MPs to 297 should affect the majority thresholds for proposal submissions, bill approvals, and constitutional amendments.

Proponents of one perspective argue that all related thresholds should be adjusted, proposing that the required majority drops from 151 to 149 votes.

Pavlos Marinakis expressed this legal interpretation during a radio interview, noting that the government maintains a majority well above 151 votes, thus remaining unaffected by a slight threshold decrease.

Conversely, critics refer to Article 74 of the Parliament’s Rules of Procedure, asserting that the majority should remain at 151, as it is based on the total number of parliamentary seats, not the number of MPs currently serving.

Panagiotis Doudounis, a PASOK MP, commented on X, stating:

“The Government Spokesman’s assertion that ‘the majority of the total number of MPs drops from 151 to 149’ is unconstitutional and raises concerns about intent—especially regarding pending matters. The constitutionally defined ‘absolute majority’ is unaffected by today’s Supreme Special Court ruling.”

Associates of Parliament Speaker Nikitas Kaklamanis indicated they would seek legal opinions from the Parliament’s Scientific Service once they obtain the court’s ruling.

Conflicting Legal Interpretations

If the first interpretation prevails, the required thresholds would shift based on 297 MPs. For instance:

– The simple majority would reduce from 151 to 149.

– The supermajority for constitutional amendments would decrease from 180 to 178.

– The necessary signatures for a no-confidence motion would go down from 50 to 49.

If the second interpretation holds, Article 74 of Parliament’s Rules of Procedure would remain unchanged.

Paragraph 1 states:

“Where the Constitution or the Rules of Procedure specify a percentage of MPs for motions or decisions, this percentage is calculated based on the total number of MPs, with any fractions rounded down—unless stated otherwise.”

This includes:

– No-confidence motions (threshold shifts from 50 to 49 MPs).

– Motions to form investigative committees require 1/5 of 297 – so 59 instead of 60.

(Note: Proposals for pre-investigation committees necessitate 30 signatures, as stated by the Constitution and Rules.)

However, Paragraph 2 of Article 74 specifies certain votes where the required majority is inextricably linked to the total parliamentary seats, irrespective of vacancies:

“Where the Constitution or Rules require an absolute majority for decisions, this majority is determined by the total number of parliamentary seats.”

In such cases, the threshold remains at 151 votes even with only 297 MPs, applicable to instances such as:

– Approval of proposals for pre-investigative committees or ministerial referrals to the Judicial Council.

– Legislation concerning the alteration of national boundaries.

Dissolution of the Spartans Parliamentary Group

The expulsion of V. Stigas, P. Dimitriadis, and A. Zerveas also results in the dissolution of the Spartans parliamentary group, as they no longer fulfill the minimum MP requirement. Consequently, Parliament will now operate under the presence of eight distinct parties.