Public Interest and Offsetting mutual demands

Document: Public Interest and Offsetting mutual demands

Description

During investigation of individual cases, the Ombudsman observed specific legislation designed to protect public interests rather than constitutionally guaranteed individual rights. Indicative of the above is a case offsetting mutual demands. In accordance with law 3842/2010, offsetting citizens’ demands to the state with their debts is allowed but in fact is put on hold pending a judicial inquiry. The Ministry of Finance rejected the recommendations of the Ombudsman, according to whom the regulations touched on basic constitutional regulations; their chief argument was that these regulations protect the public welfare and avoid the risk of refunding considerable amounts, mainly taxes, since there are bona-fide debts to the state.

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