Following a request from the Tripoli Court of First Instance, the National Transparency Authority (NTA) conducted an audit regarding the legality of municipal registration transfer applications submitted between January 1, 2023 and the local elections of October 8, 2023, with the audited entity being a municipality in the regional unit of Arcadia.

During on-site audits at the municipality in question, as well as through the citizen registry, the Inspectors-Auditors took a random sample of approximately 27% of the transfer applications and decisions, finding that in several of the cases examined there were deficiencies or irregularities regarding the legality and completeness of the applications and their supporting documents.

Specifically:

In only four (4) of the twenty-five (25) cases of change of municipal registration due to actual two-year residence in the sample were applications found with the attached supporting documents substantiating this period of actual two-year residence in the Municipality, with the note that in one (1) of these cases, the relevant certificate (of two-year residence) was not found, even though the relevant supporting documents were found in the file for that case and are mentioned in the decision on change of municipal registration.

For the remaining twenty-one (21) cases of transfer of municipal registration for the reason mentioned above, it follows that the certificates of two-year permanent residence were issued by the Mayor or the competent Deputy Mayors per Municipal Unit Deputy Mayors authorized for this purpose, - either without the corresponding applications and supporting documents being found so that the legality of their issuance could be verified by the audit team, and the mere assertion is not sufficient proof of actual two-year residence, in the Municipality prior to the change of residence, or the supporting documents found by the Municipality do not substantiate the actual two-year residence prior to the change of residence to that Municipality.

Consequently, the aforementioned decisions on change of municipal registration based on two-year residence are unlawful under the provisions of Article 279 of Law 3463/2006 (A’ 114 – DKK) in conjunction with the provisions of Article 58 of Law 3852/2010 (A’ 87).

Disciplinary rensponsibilities of elected officials (the Mayor and the relevant Deputy Mayors) were investigated by the Secretary of the Decentralized Administration of the Peloponnese, Western Greece, and the Ionian Islands.

The report was forwarded to the Athens Public Prosecutor for Appeals in accordance with the provisions of Article 97 of Law 4622/2019 for the criminal assessment of the findings, and to the Court of First Instance of Tripoli / Special Preliminary Investigation Division.

Indicative Proposals – Recommendations of the NTA:

Examination of the possible revocation of municipal registration transfer decisions based on two-year residence for the audited period.

Record the submitted supporting documents and ensure that employees do not accept physically incomplete files, regardless of the reason for the change of residence.

Creation of standardized applications for permanent residence certificates to list in detail and in full the required supporting documents, to ensure that certificates of permanent residence issued hereafter are lawful and will stand up to any scrutiny.

The Report was communicated to:

the Secretary of Decentralized Administration for the Peloponnese, Western Greece, and the Ionian Islands regarding the investigation of disciplinary responsibilities of elected officials,

the Municipality in question for the implementation of the proposals and recommendations,

to the Athens Appeals Prosecutor in accordance with the provisions of Article 97 of Law 4622/2019 for the criminal assessment of the findings, and

to the Tripoli Court of First Instance / Special Preliminary Investigation Division following its written request.

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