The warning abstention of its members from all trials on the next Monday, Tuesday and Wednesday, its Board of Directors decided in its extraordinary meeting yesterday Kalamata Bar Associationthus expressing his opposition to the announced tax measures.
A similar decision has been taken by Tripoli Bar Association whose lawyers abstained in the previous days and renew their abstinence for the following days as well.
Other representatives of the country’s lawyers have also expressed their reaction to the Government’s declared hostile tax measures for freelancers.
The decision of the Kalamata Bar Association
After the meeting, the Board of Directors of the Kalamata Bar Association issued the following decision:
1) “Taxation based on presumptive income, i.e. income that has not been earned, does not combat tax evasion but leads to a worsening of the economic situation and the destruction of dynamic sectors of the Greek economy.
2) Claiming that the evidence is rebuttable does not take into account past experience, as any attempts to challenge it have proven futile. Likewise, the attempt to identify freelancers with employees is also economically and legally incorrect, given that freelancers are a different category of workers than employees, they have neither tax-free income nor the discounts and exemptions of employees. Furthermore, it is used to determine the presumptive taxable income, not the net taxable salary of the employee, but the gross salary, including social security contributions, unjustifiably multiplied by 14, even though freelancers do not receive gifts and holiday and holiday allowances.
3) The Government shows that it ignores the reality experienced by the majority of independent professionals and scientists, especially after the ten-year memorandum period, the health crisis due to the pandemic, the energy crisis and the increase in prices and inflation. Today, the majority of independent professionals and scientists are unable to meet basic obligations, which is undoubtedly proven by the data on tax and insurance debts and the number of those who have been subject to the 120 installments, data known to the Government. According to EFKA data, approximately 33% of lawyers are in debt settlement, while the number of lawyers whose debts are out of settlement is particularly large.
4) If the Government really wanted to crack down on tax evasion, it would put the big incomes and interests at the center of its interest, which it does not touch, being obviously in a constant interaction with them. Tax revenues are not significantly increased by taxing incomes of 10,000 euros but those of hundreds of thousands and millions of euros.
5) The Government blatantly ignores the fact that lawyers are the only category of independent professionals and scientists who advance tax, insurance contributions and VAT for their remuneration, through advance collection letters.
6) For us lawyers, it is primarily a question of dignity. And therefore, a non-negotiable issue. Because without decent lawyers, co-workers of Justice, there is no independent Justice and effective exercise of citizens’ right to judicial protection.
The Kalamata Bar Association, expressing its opposition to the announced tax measures, decides:
(a) general warning abstention of its members from all trials on Monday 11-13-2023, Tuesday 11-14-2023 and Wednesday 11-15-2023, according to the box below
(b) the convening of an extraordinary General Assembly of the Kalamata Bar Association, which will take place on Wednesday 11-15-2023 at 12:00 in the Auditorium of the Kalamata Court of Appeal.
(c) mobilisations, within the framework of the decision of the Coordinating Committee, with the other bodies of the self-employed.
(d) publicizing the positions of the bar in any appropriate manner at the local level, including a press conference.
A. On the days of abstinence, leave will be granted:
1) In cases where there is a limitation-time limit issue.
2) Especially for criminal cases:
When there are prisoners (temporarily or after conviction).
In Misdemeanors when there is a statute of limitations, i.e. when six years have elapsed since the act was committed in the first degree and seven years in the second degree.
3) To discuss temporary orders, suspensions and requests for suspensions (Civil and Administrative Courts), including suspensions or suspensions of auctions.
4) For discussing injunctive measures only if a temporary injunction has been issued.
B. No license required:
For submission of proposals, additions and objections (Administrative Courts)”.
Tripoli: Lawyers have decided to abstain again
The Tripoli Bar Association decides the abstention of their members from public interest trials (Public, NPDD, wider public sector as determined by Law 4270/2014) until the passing of the Bill. The abstention of their members from all trials on 16 and 17/11/2023 and 21 and 22/11/2023.
The abstention of their members from all trials during the process of passing the measures in the Parliament.
The abstention of their members from issuing payment orders from loans with requesting Banks and debt management companies as well as from orders to be executed, in view of the filing of the bill for the funds and until the passing of the bill, taking into account the standing position of the Plenary on the protection of economically weak and vulnerable citizens.
The context of abstinence under items 1, 2, 3 and 4 will not be the one existing until now in cases of abstinence, but much stricter and will be determined by a decision of the Coordinating Committee.
The abstention of their members from the committees where lawyers participate as members (SYPOTHA, Forest Maps, Objections to land disputes, Registry of Legal Advisers of Land Registry, etc.) Participation in the protest march and the gathering outside the Ministry of Finance on 22/11/2023 and time 13:00. The creation of a united front with all scientific and professional bodies in order to withdraw the announced tax measures.
The greatest possible publicity of the positions of the bar both at central and regional level. The creation of a spot, which will be shown on TV and the internet and a paid entry in Sunday publications. Sending letters to all MPs in order to publicly position themselves on the issue. New meeting of the Plenary on 25.11.2023 in Athens to review the progress of the mobilizations.