Public Order and Security Institutions Competences Which Determine the Working Action Framework of Their Officials. the Case of Hellenic Coast Guard Personnel

Article excerpt

Abstract

The institutions that have been established by the State and supported democracy, guaranteeing the safeguard of citizens individual and social rights. Each institution is governed by structures, which have specific functions concerning its internal structure, organization and administration but also the specific mission which is requested to carry out, in accordance with the existing legal framework as provided in the Constitution, laws, regulations acts, in the legal opinions issued by the Judicial and Prosecutorial Authorities as also in the legal opinions issued by the Council of the State.

In order to be achieved the above there are many institutions which performed - carrying out mainly police duties such as Hellenic Police (HP), Hellenic Coast Guard (HCG), Municipality Police, etc. These institutions and more specifically HP and HCG and in particular, their mission, role, act and their internal administration mechanisms, have been and are often subjected of social criticism but also sometimes subject of social approval.

Keywords: public order, security, Hellenic Coast Guard (HCG), council of state, Ministry of Shipping and Aegean (MSA), Code of Public Maritime Law (COPML), judicial police, administrative police, Law Enforcement Agency (LEA)

1. Introduction

One of the main public order and security institutions which performs - enforces primarily police functions - duties in Hellas, is Hellenic Coast Guard (HCG), a Law Enforcement Agency (LEA), which via headquarters is under the supervision of Ministry of Shipping and Aegean (MSA).

The above corps which consists an armed security corps, military structured, of which its staffhas the status of the military according to the Hellenic Military Penal Code (HMPC) (Note 1) beyond the enforcement of competencies which have police character, is consisting the administrative institution of the Merchant Marine and within its mission is concluded the contribution in maritime policy implementation as is determined by the Government, the regulation of items concerning maritime labour, seafarers welfare, maritime transportations, seafarers training etc (Note 2).

For the implementation of legislation concerning Hellenic vessels and crews safety as well as for resolving disputes, have been established Maritime Consular Port Police Authorities in the foreigner aiming to support and to facilitate the Hellenic merchant marine (Note 3).

The structure, organization, function and mission of the HCG are containing in the law 3922/2011 (A? 35), in the Presidential Decree (PD) 67/2011 (A? 149) and PD 94/2012 (A? 149), ministerial decision (MD) 1141.1/04 issued on July 14, 2011 (B? 1611) and the MD with No 1220.3/01/01 issued on April 04, 2001 by the Minister of Mercantile Marine with which was ratified the Port Police Authorities Action Regulation as was supplemented by the MD with No 1220.3/10/2004 issued on April 21, 2004.

HCG personnel as mentioned before is organized military and governed by the provisions which are in force each time for officers, warrant officers and petty officers of Hellenic Navy (HN), to whom are assimilated concerning its situation, criminal jurisdiction and discipline (Note 4).

Police functions of HCG are divided into administrative and judicial. The first category which constitute generally the police order, perform the administrative function and aims in preserving and protecting public order and security as also in preventing crime. The second falls within the judiciary authority and develop its activities in the field of crime suppression by exercising investigative tasks that help in better and safer exercise of criminal courts jurisdiction.

The purpose of this concise study is the critical provisions description - analysis which setting out the competencies that govern the action of HCG (one of the main LEA of public order and public security in Hellas) and consequently personnel competence that staffit, within the framework of Judicial (Note 5) and Administrative Police competencies exercise, while will be critically described and auxiliary tasks which have been entrusted to it by the State. …

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